M.Pandurangan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2271 of 2016 & W.M.P.No.1964 of2016 M.Pandurangan .. Petitioner Vs.

1.The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2.The Revenue Divisional Officer, Thiruvallur.

3.The Tahsildar, Poonamallee.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1) to pay subsistence allowance from 26.08.2011 to 26.03.2013, 2) to pay pension from 26.03.2013 till date at an early date, 3) to pay DCRG and other retirement benefits due to the petitioner and 4) for sanction of increment from 1989 with arrears.

For Petitioner : Mr.P.Veeraraghavan For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that originally he was appointed as Junior Assistant on 20.10.1965 and he attained the age of superannuation on 28.02.1998, but he was not permitted to retire from service due to pendency of the disciplinary proceedings. The first respondent by issuing G.O.[2D]No.141, Revenue [Ser.10(1)] Department, dated 26.03.2013 imposed punishment of compulsory retirement on the petitioner. 3.The grievance of the petitioner is that his terminal benefits were not given and therefore, he made repeated representations and lastly on 04.04.2015. The first respondent https://hcservices.ecourts.gov.in/hcservices/

has forwarded the representations of the petitioner to the second respondent in Na.Ka.No.3166/2015/R3 dated 05.03.2015 and 08.05.2015. Since there was no response, the present Writ Petition has been filed.

4.Heard the submissions of Mr.P.Veeraraghavan, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondents.

5.This Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the respondents 1 and 2 to consider the representation of the petitioner dated 04.04.2015 and pass orders, on merits and in accordance with law, within a period of twelve 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. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sri To 1.The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2.The Revenue Divisional Officer, Thiruvallur.

3.The Tahsildar, Poonamallee.

+1cc to Mr.P.Veeraraghavan, Advocate, S.R.No.3854 +1cc to the Government Pleader, S.R.No.4085 W.P. No.2271 of 2016 & W.M.P.No.1964 of2016 kgk(CO) srg(01/03/2016) https://hcservices.ecourts.gov.in/hcservices/