Natarajan v. Accountant General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33442 of 2015 And M.P.No.1 of 2015 Natarajan ... Petitioner Vs.

1. Accountant General Office of the PR. Accountant General (Account & Entitlement) Tamilnadu 361, Anna Salai, Chennai-600 018

2. The Treasury Officer, District Treasury Office, Salem.

3. The Sub-Treasury Officer, Sub-Treasury Office, Attur, Salem District.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay entire pension amount to the petitioner every month without withholding any part of the amount from the pension of the petitioner consequently direct the respondents to repay entire amount which was withhold from the pension of the petitioner within the specific period of time fixed by this Honorable Court. For Petitioner : Mr.T.Ganesan For Respondents : Mr.V.Vijayashankar for R1 Mr.V.Subbiah for R2 and R3 Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner retired from service as Depot Manager Grade I in the services of Agricultural Department on 30.07.2002 and was disbursed with the higher pension and however on 31.07.2015, the petitioner was disbursed with a sum of Rs.15,286/- and when requested for the reason, he was informed that due to wrong calculation of pension, amount payable to him has been reduced. The petitioner in this regard has submitted representation dated 26.09.2015 to the third respondent and since no orders have been passed, came forward to file the writ petition. 3.Heard the submissions of Mr.T.Ganesan, learned counsel appearing for the petitioner, Mr.V.Vijayashankar, learned counsel who accepts notice on behalf of the first respondent and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents 2 and 3.

4.Though the petitioner prayed for the larger relief, this Court in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the respondents 1 and 2 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 his earlier representation and the respondents 1 and 2 on receipt of the same, are directed to consider and dispose of the same on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri

To

1. The Accountant General Office of the PR. Accountant General (Account & Entitlement) Tamilnadu 361, Anna Salai, Chennai-600 018

2. The Treasury Officer, District Treasury Office, Salem.

3. The Sub-Treasury Officer, Sub-Treasury Office, Attur, Salem District.

+2ccs's to Mr.T.Ganesan, Advocate, S.R.No.57300 +1cc to the Government Pleader, S.R.No.57702 W.P.No.33442 of 2015 And M.P.No.1 of 2015 BNR(CO) CA(02/11/2015)