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Madras High CourtWP/9815/2015disposed of

S.Sankarakumarasamy Pandian v. The Secretary To Government

2015-04-27Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.9815 of 2015 S.Sankarakumarasamy Pandian ... Petitioner Vs.

1. The Secretary to the Government Revenue Department Fort St. George, Chennai - 600 009.

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

3. The District Collector Salem, Salem District.

4. The Revenue Divisional Officer Mettur, Mettur Taluk, Salem District.

5. The Tahsildar Mettur, Mettur Taluk Salem District

6. The Accountant General Officer of the Accountant General Teynampet, Chennai-600 018 ... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to sanction and pay all retirement benefits viz., pension arrears, commuted value of pension, leave salary, GPF, etc., with interest to the petitioner.

For Petitioner :

Mr.M.Elango For Respondents :

Mr.K.V.Dhanapalan, AGP for R1 to Mr.V.Vijayashankar for R6

ORDER

With the consent of both sides, this writ petition itself is taken up for final disposal.

2. The petitioner rendered 30 years of service as Tahsildar. He retired on 31.03.2010. Though he was permitted to retire from service on 31.03.2010 and he is not facing enquiry or charge under Rule 17 (b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, he was not settled pension. Hence he has approached this court.

3. When the matter came up fo admission on 06.04.2015, this court passed the following order:

"The learned counsel for the petitioner states that the petitioner after rendering about 30 years of service retired as Tahsildar on 31.03.2010. Though he was permitted to retire from service on 31.03.2010 and he is not facing enquiry or charge under Rules 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, for the reasons best known to the respondents, pension is yet to be settled to the petitioner.

2. The learned Special Government Pleader seeks time to verify the facts of the case.

3. The learned Special Government Pleader is directed to get the proposal for sanction of all the terminal benefits forthwith, if the petitioner is permitted to retire and the terminal benefits are not settled for the past five years.

4.Post for orders on 13.04.2015.

4. Today the learned Additional Government Pleader has produced the proposal in Roc.No.11191/2015/M2, dated 07.04.2015 forwarded by the District Collector to the 6th respondent viz Accountant General.

5. Learned counsel for the 6th respondent has submitted that necessary orders authorizing pension and other terminal will be passed within a period of two weeks. Hence, the writ petition is disposed of directing the 6th respondent to pass appropriate orders authorizing pension and other terminal benefits. If the petitioner has any grievance such as payment of interest, etc., he can agitate the same in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpr

To

1. The Secretary to the Government Revenue Department Fort St. George, Chennai - 600 009.

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

3. The District Collector Salem, Salem District.

4. The Revenue Divisional Officer Mettur, Mettur Taluk, Salem District.

5. The Tahsildar Mettur, Mettur Taluk Salem District

6. The Accountant General Officer of the Accountant General Teynampet, Chennai-600 018 + 1 cc to Mr.M.Elango, Advocate SR.23453 + 1 cc to Mr.V. Vijay Shankar, Advocate SR.23565 + 1 cc Government Pleader Sr.23235 PA(CO) EU 21.05.2015 W.P.No.9815 of 2015