M.N.Pushpa v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.N.Pushpa ... Petitioner Vs.

1. The Commissioner, Directorate of Museum, Government Museum, Egmore, Chennai-8.

2. The Additional Chief Secretary to Government, Tourism, Culture and Hindu Religious Department, Fort St. George, Chennai-9.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to pass orders on the Statutory Appeal dated 27.02.2021 submitted against the orders passed by the first respondent in proceedings A.No. 2423/2014/2 dated 12.02.2021, within a reasonable time frame, as fixed by this court.

For Petitioner : Mr.K.Venkataramani, Senior Counsel For Respondents : Mr.P.Ganesan, Gov. Advocate

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to pass orders on the Statutory Appeal filed by the petitioner.

2. By consent of counsels for both the parties, this writ petition is disposed of at the admission stage itself.

3. The petitioner was appointed as Guide to Natural History Section in the Department of Museum on 09.03.1979. On the date of her superannuation on 31.10.2016, she had been facing disciplinary proceedings, however, she was allowed to retire from service. Thereafter, final order passed on 12.02.2021, imposing punishment of cut in pension of Rs.500/- for three months. Against which, the petitioner preferred a Statutory Appeal and is pending before the first respondent. Though the petitioner was allowed to retire from service on 31.10.2016, her entire retirements benefits have not been settled to her. The delay in passing orders on the Appeal is arbitrary. Hence this writ petition.

4. The learned Government Advocate appearing for the respondents submitted that, the Appeal filed by petitioner will be considered and appropriate orders will be passed by the authorities concerned.

5. Inview of the above submission and considering the limited scope of prayer and to meet the ends of justice, without expressing any opinion on merits, the following order is passed. i) The second respondent is directed to dispose the Appeal filed by the petitioner, on its own merits and in accordance with law, as early as possible, within a period of eight weeks from the date of receipt of a copy of this court.

ii) The petitioner is directed to furnish the copy of the appeal along with this order before the respondent.

6. With the above direction, this writ petition is disposed of . No costs.

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Index:Yes/No Internet:Yes/No mst To

1. The Commissioner, Directorate of Museum, Government Museum, Egmore, Chennai-8.

2. The Additional Chief Secretary to Government, Tourism, Culture and Hindu Religious Department, Fort St. George, Chennai-9.

D. KRISHNAKUMAR, J.

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