T.Yessian, v. The Accountant General,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2017
CORAM
THE HONOURABLE MR. JUSTICE T. RAJA W.P.Nos.26758 of 2017 T.Yessian .. Petitioner Vs.
1. The Accountant General, Office of the Accountant General, Nungambakkam, Chennai-2.
2. The Director, Survey and Settlement Department, Survey House, Chepauk, Chennai-5.
3. The Assistant Director, Survey and Land Records, Collectorate Compound, Namakkal, Namakkal District.
4. The District Treasury Officer, District Treasury Office, Namakkal, Namakkal District.
5. The Sub-Treasury Officer, Sub-Treasury Office, Sulur, Coimbatore District-641 402.
.. Respondents Prayer:
Writ Petition filed under Article 226 constitution of India for issuance of a Writ of Mandamus, directing the respondents to settle the entire retirement benefits to the petitioner, namely, Gratuity, GPF (Final Settlement), FBF, FBF2000, Commutation Fund and Earned Leave Surrender etc. within a time frame fixed by this Court.
For Petitioner : Mr.R.Y.George Williams For Respondents : Mr.V.Jayaprakash Narayanan, 2 to 5 Special Government Pleader
O R D E R
The petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus, directing the respondents to settle the entire retirement benefits to him, namely, Gratuity, GPF (Final Settlement), FBF, FBF-2000, Commutation Fund and Earned Leave Surrender etc. within a time frame fixed by this Court.
2.
Heard the learned Counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 2 to 5.
3.
According to the petitioner, after serving as Senior Draftsman at District Land Survey Office, Kumarapalayam, the petitioner retired from service on attaining the age of superannumation as per the retirement notice dated 27.02.2017 of the 3rd respondent. The grievance of the petitioner is that till date his retirement benefits have not been settled. In this regard, the petitioner sent a representation to the 2nd respondent on 19.09.2017. But the same has not been considered.
4. Further, according to the petitioner, in the meanwhile, his wife has approached the Family Court against him and obtained an order of maintenance against him. The said order has not been complied with. Aggrieved over the said order, the petitioner filed Crl.R.C.1178/2017 on the file of this Court and obtained an order of stay dated 05.09.2017.
5.
Under such circumstances, since the criminal revision filed by the petitioner against the order of the Principal Family Court Judge, Coimbatore in CMP.No.232/2016 in MC.No.179/2016 dated 27.06.2017 is pending on the file of this Court, the petitioner has to approach the said court only for appropriate relief.
6.
In the result, the Writ Petition is dismissed as not maintainable. No costs.
s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar tsi
To
1. The Accountant General, Office of the Accountant General, Nungambakkam, Chennai-2.
2. The Director, Survey and Settlement Department, Survey House, Chepauk, Chennai-5.
3. The Assistant Director, Survey and Land Records, Collectorate Compound, Namakkal, Namakkal District.
4. The District Treasury Officer, District Treasury Office, Namakkal, Namakkal District.
5. The Sub-Treasury Officer, Sub-Treasury Office, Sulur, Coimbatore District-641 402.
Copy to The Judge The Principal Family Court Coimbatore.
+1 Cc to Mr.R.Y.George Williams, advocate sr 73458. +1 cc to Sp. Govt. Pleader sr 73732.
W.P.No.26758 of 2017 MR(CO) SP(10/11/2017)