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Madras High CourtWP/11065/2014disposed of

V.Duraisamy, v. The Government Of Tamil

2019-02-04Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2019

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.11065 of 2014 V. Duraisamy

...Petitioner

-Vs1. The Government of Tamil Nadu, Rep. by its Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

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

3. The District Collector, Erode District

4. The Thasildhar, Sathyamangalam Taluk, Erode District,

5. The Principal Accountant General, No.361, Anna Salai, Chennai - 600018.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the 5th respondent in his proceeding pension 2614/12616892/13-14/Rtd/Adk dated 19.03.2014 and quash the same and consequently, direct the respondents herein to pay minimum pension as per G.O. 756, Revenue Department, dated 17.08.1993 and G.O.Ms.No.148, Revenue Department, dated 20.04.2011 with effect from 30.06.2011 with all monetary and other attendant benefits.

For Petitioner : Mr. R. Raja For Respondents 1-4 : Mr. Inbanathan (Addl. Govt. Pleader) For Respondent 5 : Mr. Hema Murali Krishnan

O R D E R

According to the petitioner, the petitioner was working as a Village Administrative Officer in Madhampalayam Village, Sathyamangalam Taluk, Erode District. He attained superannuation on 30.06.2011. The petitioner is entitled for minimum pension to the said proposal as per G.O. No.756, Revenue Department, dated 17.08.1993 and G.O. Ms. No.148, Revenue Department, dated 20.04.2011. Therefore, the petitioner has made request to the fourth respondent to pay minimum pension to him. So far, no orders have been passed in this regard. Hence, the present writ petition is filed.

2. The learned Government pleader would submit that the fourth respondent has submitted the representation of the petitioner to the fifth respondent by his Communication No.Pen/26/3/90596, 90600 dated 04.01.2016 to propose for the sanction of pension to the petitioner. The said proposal is pending before the first respondent. Further it is stated that the said proposal would be considered in accordance with law, with the petitioner's representation, by taking note of the Government orders.

3. Having considered the afore-said submissions and facts and circumstances of the case, the fifth respondent is directed to consider the pension proposal submitted by the fourth respondent as expeditiously as possible preferrably within a period of 12 weeks from the date of receipt of a copy of the order.

4. Accordingly, the writ petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar lbm

Copies to:

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

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

3. The District Collector, Erode District

4. The Thasildhar, Sathyamangalam Taluk, Erode District,

5. The Principal Accountant General, No.361, Anna Salai, Chennai - 600 018.

+1cc to M/s.Hema Muralikrishnan, Advocate SR.No.10315 +1cc to Mr.K.Raja, Advocate SR.No.9393 +1cc to Government Pleader SR.No.10266 W.P.No.11065 of 2014 GMY(15/03/2019)