S.M.S.Basheer Ahamed, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.2799 of 2015 S.M.S.Basheer Ahamed

...Petitioner

Vs.

1.The District Collector, Salem.

2.The District Revenue Officer, Salem.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents to disburse the retirement benefits including gratuity, commutation, arrears of pension, EL Surrender, and other benefits with 12% interest from the date of the retirement i.e.,31.07.2007 to the petitioner herein.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.M.S.Ramesh Addl. Government Pleader

O R D E R

The petitioner worked as Revenue Inspector and on attaining the age of superannuation retired on 31.07.2007. Since a disciplinary proceeding was pending against him, he was permitted to retire from service without prejudice to the pending proceedings.

2. Subsequently, proceedings attained finality and a punishment of stoppage of increment for a period of one year with cumulative effect was imposed on the petitioner by order dated 24.08.2013.

It is the grievance of the petitioner that notwithstanding the direction given by the first respondent to send his pension papers, follow up action was not taken by the second respondent. The petitioner is therefore before this Court.

3. The second respondent is directed to forward the pension papers to the first respondent in the light of the proceedings dated 29.10.2013 on the file of the first respondent. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The first respondent, in turn is directed to consider the proposal sent by the second respondent and https://hcservices.ecourts.gov.in/hcservices/

pass appropriate orders on merits and as per law. Such exercise shall be completed within a period of two months from the date of receipt of proposal from the second respondent.

4. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar Dated:12.3.15 True Copy Sub Assistant Registrar To 1.The District Collector, Salem.

2.The District Revenue Officer, Salem.

+1 cc to Government Pleader,SR.12950 +1 cc to Mr.R.Nalliyappan, Advocate,sR.12659. kji(co) krd 13/3 W.P.No.2799 of 2015 https://hcservices.ecourts.gov.in/hcservices/