Nagamani v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Nagamani ... Petitioner Vs.

1.The Director, Child Care & Development Government Hospital, Egmore, Chennai - 600 008.

2.Pension Accounts, Government of Tamil Nadu, Chennai - 600 006.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents herein to settle the pensionary benefits of the petitioner herein as per the Notification in G.O.Ms.No.408 [Revenue (Pensions)], dated 25.08.2009, with interest at 18% per annum, from the date of superannuation till the date of realization.

For Petitioner : Ms.Aparna Nandakumar For Respondents : Mr.K.Tamilvendan Government Advocate ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to settle the pensionary benefits of the petitioner herein as per the Notification in G.O.Ms.No.408 [Revenue (Pensions)], dated 25.08.2009, with interest.

2. Heard Ms.Aparna Nandakumar, learned counsel for petitioner and Mr.K.Tamilvendan, learned Government Advocate appearing for respondents.

3. In the considered view of this Court, the request that was made by the petitioner was already rejected by the first respondent through proceedings dated 07.09.2020. Without challenging that proceedings, there is no scope for issuing a writ of mandamus. When this was pointed out to learned counsel for petitioner, learned counsel sought for liberty of this Court to challenge the proceedings of the first respondent dated 07.09.2020 and work out his remedy in the manner known to law.

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In view of the above, this writ petition is closed. Liberty is granted to the petitioner to challenge the proceedings of the first respondent dated 07.09.2020 and work out his remedy in the manner known to law. No costs.

16.08.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Director, Child Care & Development Government Hospital, Egmore, Chennai - 600 008.

2.Pension Accounts, Government of Tamil Nadu, Chennai - 600 006.

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N.ANAND VENKATESH, J gm 16.08.2024 4/4