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Madras High CourtWP/19022/2019disposed of

K.N.Navaneetham v. The Chief Engineer

2019-09-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.19022 of 2019 K.N.Navaneetham ... Petitioner Vs.

1.The Chief Engineer, Chennai - 600 057.

2.The Executive Engineer, Water Resources Organization and North Presidency Division, Chepauk, Chennai - 600 005.

3.The Assistant Executive Engineer, North Presidency Division, Government Exhibition Ground, Egmore, Chennai - 600 008.

4.The Accountant General, Office of the Accountant General, Teynampet, Chennai - 600 018.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the claim of the petitioner for grant of pension and pensionary benefits by taking into account the 50% of casual labourer services between 01.07.1996 and 01.07.2006 and the entire services after being brought into regular establishment with effect from 07.05.2010, up to superannuation on 30.06.2017 in all making a total of about 17 year of qualifying services for the purpose of pension and other benefits and to extend the same forthwith arising thereto on the basis of the representation dated 28.04.2019.

For Petitioner : Mr.P.Arul Mathi For Respondents: Mr.R.S.Selvam Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondents to consider the claim of the petitioner for grant of pension and pensionary benefits by taking into account 50% of casual labourer services between 01.07.1996 and 01.07.2006 and the entire services after being brought into regular establishment with effect from 07.05.2010, up to superannuation on 30.06.2017 in all making a total of about 17 years of qualifying services for the purpose of pension and other benefits and to extend the same forthwith arising thereto on the basis of the representation dated 28.04.2019.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3.The case of the petitioner is that the petitioner made representation dated 28.04.2019 seeking pensionary benefits, however, the same has not yet been considered. Hence, this petition.

4.The learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 28.04.2019 and pass appropriate orders, within a reasonable time frame.

5.Considering the facts and circumstances of the case, I am inclined to issue direction to the respondents to consider the petitioner's representation dated 28.04.2019, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar (CJ Conf) //True Copy// Sub Assistant Registrar pri To 1.The Chief Engineer, Chennai - 600 057.

2.The Executive Engineer, Water Resources Organization and North Presidency Division, Chepauk, Chennai - 600 005.

3.The Assistant Executive Engineer, North Presidency Division, Government Exhibition Ground, Egmore, Chennai - 600 008.

4.The Accountant General, Office of the Accountant General, Teynampet, Chennai - 600 018.

+1cc to Mr.S.Esai Rani Narasimman, Advocate, S.R.No. 80644 +1cc to the Government Pleader, S.R.No. 80762 W.P.No.19022 of 2019 NMI(CO) GN(17/10/2019)