Madras High CourtWP/31234/2015disposed of

A.Sampathkumar v. The Secretary To Government

2015-10-05Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 05.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31234/2015 & MP.No.1/2015 A.Sampathkumar ..Petitioner

Versus

1.The Secretary to Government Revenue Department, Fort St George Chennai 600 009.

2.The Commissioner of Revenue Administration, Chepauk, Chennai 600 005.

3.The District Collector Thiruvannamalai District.

4.The Sub Collector Cheyyar, Thiruvannamalai District.

5.The Tahsildar Cheyyar, Thiruvannamalai District.

6.The Accountant General O/o.The Accountant General Teynampet, chennai 600 018.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to sanction and pay all retirement benefits, viz., pension arrears, DCRG, commuted value of pension, leave salary, GPF, etc., with interest to the petitioner.

For Petitioner : Mr.M.Elango For RR 1 to 5 : Mr.V.Subbiah, Spl.GP For R6 : Mr.V.Vijayshankar

ORDER

By consent, the writ petition is taken up for final disposal. The petitioner, while working as a Village Administrative

Officer, was visited with a disciplinary action in the form of departmental proceedings alleging certain irregularities committed by him in the distribution of grant to the beneficiaries of the Bonded Labourers Scheme during the year 1993 in the Omalur Taluk, Salem District. The 1st respondent, vide G.O. [D] No.332, Animal Husbandry, Dairying & Fisheries [AH1] Department, dated 19.11.2008, has imposed the petitioner with a punishment of stoppage of increment for a period of one year with cumulative effect and it has been further stated that the above said order of punishment is inclusive of any leave availed by the petitioner during the period of punishment and it will affect his pension. The petitioner attained the age of superannuation on 31.05.

2012 and he was allowed to retire vide proceedings of the Revenue Divisional Officer, Cheyyar, dated 31.05.2012. The grievance expressed by the petitioner is that after the currency of punishment, his service has not been regularised and the terminal and other benefits have not been settled. In this regard, the petitioner has also submitted a representation dated 08.06.2015 to the 4th respondent as well as the representation dated 21.07.2015 to the 2nd respondent and since no orders have been passed, he came forward to file this writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 5 and Mr.V.Vijayshankar, learned counsel who accepts notice on behalf of the 6th respondent.

Though the petitioner has sought for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, permits the petitioner to submit one more representation to the respondents 1 to 5 within a period of two weeks from the date of receipt of a copy of this order by enclosing a copy of this order as well as the copies of the earlier representations and the respondents 1 to 3, on receipt of the same, are directed to consider the same on merits and in accordance with law and pass orders within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP

To 1.The Secretary to Government Revenue Department, Fort St George Chennai 600 009.