S.Syed Moulana v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2023 CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Writ Petition No.14411 of 2023 S.Syed Moulana ....
Petitioner -Vs1.The State of Tamil Nadu Rep.by its Secretary Animal Husbandry, Dairying and Fisheries Department, Fort St.George Chennai 600 009.
2.The Registrar Tamil Nadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 600 051.
3.The Principal Accountant General Office of the Accountant General (Accounts and Entitlement) 361, Anna Salai, Teynampet Chennai - 600 018.
....
Respondents Prayer :Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to sanction and pay the pension by taking in to account 34 years of the continuous service put in by the petitioner from 12/08/1988 to 30/11/2022 to arrive at total qualifying service and disburse the arrears and pensionary benefits and other consequential benefits thereof with reasonable interest within a time frame stipulated by this Honourable Court. 1 / 4
For Petitioner : Mr.R.Singaravelan Senior Counsel for Mr.I.Saddam Hussain For Respondents : Mr.C.Kathiravan Special Government Pleader - for R1 Mr.Vijayakumar, Senior Counsel - for R2 assisted by Mr.Melwin Jaboz
O R D E R
This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents herein to sanction and pay the pension by taking into account 34 years of the continuous service put in by the petitioner from 12/08/1988 to 30/11/2022 to arrive at total qualifying service and disburse the arrears and pensionary benefits and other consequential benefits thereof with reasonable interest within a time frame stipulated by this Honourable Court.
2. It is the case of the petitioner that he was working in the 2nd respondent University and had attained superannuation on 30.11.2022. However, his retirement and pensionary benefits have not been disbursed so far. In this regard, the petitioner has given a representation dated 17.04.2023 to the 2nd respondent, and since the same has not been considered, the petitioner has approached this Court with the present writ 2 / 4
petition with the aforesaid prayer.
3. Mr.R.Singaravelan, learned Senior Counsel appearing for the petitioner submits that the representation submitted by the petitioner dated 17.04.2023 may be directed to be considered by the respondents within a specified period.
4. Mr.Vijayakumar, learned Senior Advocate appearing for the 2nd respondent submits that though it is the case of the petitioner that he has submitted a representation dated 17.04.2023, no proof has been placed by the petitioner to show that the representation has been sent by him and the same was received by the 2nd respondent. However, if such representation has been received, the 2nd respondent will consider the same and dispose it off within a period of four weeks.
5. Recording the said submission and also considering the limited scope of the relief sought for, without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the petitioner to appear before the 2nd respondent in person on 10.05.2023 and hand over a copy of the representation dated 17.04.2023 and the 2nd A.D.JAGADISH CHANDIRA, J.
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KST respondent shall consider the said representation and pass appropriate orders thereon within a period of four weeks thereafter. No costs. 05.05.2023 Index : Yes/No Internet : Yes/No KST Note : Issue order copy on 08.05.2023 To 1.The Secretary to Government Animal Husbandry, Dairying and Fisheries Department, Fort St.George Chennai 600 009.
2.The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 600 051.
3.The Principal Accountant General Office of the Accountant General (Accounts and Entitlement) 361, Anna Salai, Teynampet Chennai - 600 018.
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