A.Loganathan. v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.35779 of 2015 A.Loganathan ..Petitioner Vs.

1. The District Collector Erode District, Erode.

2. The Revenue Divisional Officer, Thiruppur, Thiruppur District.

3. The Executive Officer, Grade I Town Panchayat Jambai, Erode District.

.. Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd Respondent to consider the representation dated 23.09.2015 of the petitioner to pay the retirement benefits such as Special Provident Benefit, General Provident Fund, Security Deposit, D.C.R.G. with interest. For Petitioner : Mr.A.Nagarathinam For Respondent : Mr.S.Gunasekaran Nos.1 & 2 Government Advocate For Respondent : Mr.P.Sanjay Gandhi No.3 Government Advocate

O R D E R

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

2. The petitioner would state that he entered the service as a Village Assistant Officer on 13.02.1984. In view of the criminal case registered against him in Crime No.5/2A/2000 by the Inspector of Police, Vigilance and Anti Corruption, Erode, https://hcservices.ecourts.gov.in/hcservices/

he was placed under suspension on 05.12.2000 and the same was revoked and he was reinstated in service by an order dated 18.06.2001. The petitioner attained the age of superannuation on 31.01.2010, but he was not permitted to retire from the service.

3. The petitioner would claim that he is entitled for retirement benefits such as Special Provident Fund, General Provident Fund, Security Deposit and D.C.R.G with interest. But the respondents have not paid and therefore, he submitted representation to the second respondent on 23.09.2015 but no action has been taken so far. Hence, the present writ petition.

4. Heard Mr.A.Nagarathinam, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate for the respondent Nos.1 & 2 as well as Mr.P.Sanjay Gandhi, learned counsel for respondent No.3.

5. This Court, considering the limited prayer sought for in the writ petition and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representation dated 23.09.2015 and pass order on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

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

sms -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The District Collector Erode District, Erode.

2. The Revenue Divisional Officer, Thiruppur, Thiruppur District.

3. The Executive Officer, Grade I Town Panchayat Jambai, Erode District.

+ 1 cc to M/s.A.Nagarathinam, Advocate SR 62237 + 1 cc to Govt.Pleader High Court, Madras SR 62303. rsk(co) prk8/12 W.P.No.35779 of 2015 https://hcservices.ecourts.gov.in/hcservices/