F.X. Fernando v. The Secreatary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.19421 of 2017 F.X.Fernado .. Petitioner Vs.

1.The Secretary to Government Co-Operative, Food and Consumer Protection Department Fort St.George, Chennai 600 009.

2.The Registrar of Co-Op. Societies No.170, E.V.R.Periyar High Road Kilpauk, Chennai 600 010.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus and directing the respondents 1 and 2 herein to consider the petitioner's representation dated 13.05.2017. For Petitioner : Mr.N.Poovanalingam For Respondents : Mr.L.P.Shanmuga Sundaram Special Government Pleader

O R D E R

The relief sought for in this writ petition is for a direction, to direct the respondents 1 and 2 to consider the representation submitted by the writ petitioner on 13.05.2017. 2.The writ petitioner was appointed Deputy Registrar of Cooperative Societies and promoted upto the level of Additional Registrar of Cooperative Societies and retired from services on attaining superannuation. The writ petitioner was placed under suspension on account of disciplinary proceedings initiated against him and thereafter on revocation of suspension, he was permitted to retire from the services vide G.O.(3D) No.21 dated 13.11.2016.

https://hcservices.ecourts.gov.in/hcservices/

3.Though, he was allowed to retire from services, the portion of the terminal benefits are yet to be paid to him. More specifically the commutation amount and the portion of pension has not been paid to the writ petitioner. In this regard, he made a representation to the first respondent on 13.05.2017 and the same is pending. However, without going into the merits and demerits of the case, the first respondent is directed to consider the representation submitted by the writ petitioner on 13.05.2017 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the representation along with the order passed in this writ petition.

4.Accordingly, the writ petition stands disposed of. However, no order as to costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar dna/kas To 1.The Secretary to Government Co-Operative, Food and Consumer Protection Department Fort St.George, Chennai 600 009.

2.The Registrar of Co-Op. Societies No.170, E.V.R.Periyar High Road Kilpauk, Chennai 600 010.

+ 1 cc to M/s. N. Poovanalingam, Advocate SR.53801 + 1 cc to Government Pleader Sr.54586 W.P.No.19421 of 2017 EU 30.08.17 https://hcservices.ecourts.gov.in/hcservices/