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Madras High CourtWP/18037/2019dismissed

Ponnusamy v. The Government Of Tamil Nadu

2019-10-03Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.18037 of 2019 and W.M.P.No.17435 of 2019 1.Ponnusamy 2.Jothivel 3.Murugesan 4.Kaliyamoorthi 5.Thangarasu 6.Nagarajan 7.Subramaniyan 8.Malarkodi 9.Arumugam 10.Akilandam 11.Mathiyazhagan 12.Govinthan 13.Kanagasabai 14.Selvaraj 15.Dharman 16.Anthonysamy 17.Saravanan

...Petitioners

vs.

1.The Government of Tamil Nadu rep. by its Secretary Revenue Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Ariyalur District.

3.The Tahsildar, Taluk Office, Jayankondam, Ariyalur District. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, directing the respondents to grant the arrears and pending benefits of the petitioners based on 1 to 16th petitioners representations dated 29.05.2019 and 17th petitioner representation dated 04.03.2019 respectively given to the 2nd respondent herein.

For Petitioners : Mr.R.Sivaraman For Respondents : Mr.R.S.Selvam Government Advocate

ORDER

The Writ Petition has been filed by the petitioner seeking direction to direct the respondents to grant the arrears and pending benefits of the petitioners based on 1 to 16th petitioners representations dated 29.05.2019 and 17th petitioner representation dated 04.03.2019 respectively given to the second respondent herein.

2.The case of the petitioners is that the petitioners are retired village Assistants for non-payment of arrears of salary and other monetary benefits, the petitioners made representations to the respondents. Till date, the representations were not considered. Hence, the petitioners filed a Writ Petition before this Court.

3.The learned Government Advocate appearing for the respondents filed a counter affidavit in which they have clearly stated that the pension and arrears of benefits have been disbursed to the petitioners as detailed below: M.Ponnusamy Venmankondan (W) Commission Pension given vide Office of the Accountants General (A&E).

Order No.P26/1/REV/12605 301/1071 A.Jothivel Sripuranthan (N) given as per VII Commission G.O.No.303 Finance 11.10.2017

M.Murugesan Idankanni Commissioner S.Kaliyamoorthy Thenkatchiperu mal natham Commissioner V.Thangaraju Maruthur Commissioner S.Nagarajan Vazhaikurichi given as per VII Commission G.O.No.303 Finance 11.10.2017 S.M.Subramanian Karaikurichi given as per VII Commission G.O.No.303 Finance 11.10.2017 Malarkodi, W/o.

Late.

Elayaperumal Kodukkur Commissioner

M.Arumugam Sriparanthan Commissioner P.Akilandam, W/o. Late.

M.Pachanathan Karaikurichi Old Salary as per V th Commissioner T.Mathiyazhagan Irugaiyur Commissioner M.Govindan Suthamalli Old Salary as per Vth Pay Commission M.Kanagasabai Idaiyakurichi Commissioner R.Selvarasu Variyankavl Commissioner S.Dharman Kuvagam Old Salary as per Vth Pay Commission P.Anthonysamy Vardharajanpet tai Commissioner A.Saravanan Angarayanallur (W) Stayed away from duty

4.Except 17th petitioner, all other petitioners were paid benefits. The 17th petitioner was not paid benefits on the ground that the stayed away from duty was passed against the petitioner. Hence, nothing survives for adjudication in this petition.

5.Accordingly, the Writ Petition stands dismissed with liberty to the 17th petitioner to work the remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar pam To 1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The District Collector, Ariyalur District.

3.The Tahsildar, Taluk Office, Jayankondam, Ariyalur District.

+1cc to Mr.R.Sivaraman, Advocate SR.85023 +1cc to the Government Pleader SR.85110 W.P.No.18037 of 2019 PA(CO) CB(19/11/2019)