J.Jesumari v. The Director Of Adi Dravidar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.40055 of 2015 J.Jesumari ... Petitioner Vs.

1.The Director of Adi-Dravidar and Tribal Welfare Chennai-5.

2.The District Adi-Dravidar Welfare Officer, Salem District, Salem.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioners representation dated 16.04.2015 within time framed by this Court. For Petitioner : M/s.M.Ramdass For respondents : M/s.M.E.Rani Selvam, Additional Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioners would state that while she was working as Tutor-cum-Warden in the Government Girls Hostel (SC), Salem, she was placed under suspension by the order of the second respondent dated 28.02.1997 under Rule 17(e) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. She attained the age of superannuation on 31.03.1997. But she was not permitted to retire due to the pendency of a criminal case.

3.The petitioner would further submit that the Inspector of Police, Vigilance and Anti Corruption, Salem registered https://hcservices.ecourts.gov.in/hcservices/

the case against the petitioner in Cr.No.6/AC/97 against the petitioner and charge sheet was taken on file as Special CC.No.10 of 2014. The learned Special Judge, Salem acquitted the petitioner by judgment dated 24.11.2014. Thereafter, the petitioner submitted her representation dated 16.04.2015 for settlement of the terminal benefits due to her. Since no favourable orders has been passed, the present writ petition has been filed by the petitioner.

4.Heard the submissions of Mr.M.Ramdass, learned counsel appearing for the petitioner and M/s.M.E.Raniselvam, Additional Government Pleader who accepts notice on behalf of the respondents.

5.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider the representation of the petitioner dated 16.04.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh To 1.The Director of Adi-Dravidar and Tribal Welfare Chennai-5.

2.The District Adi-Dravidar Welfare Officer, Salem District, Salem.

+1cc to M/s.M.Ramdass, Advocate, S.R.No.68562 +1cc to the Government Pleader, S.R.No.68726 W.P.No.40055 of 2015 PA(CO) CA(07/01/2016) https://hcservices.ecourts.gov.in/hcservices/