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Madras High CourtWP/20412/2023disposed of

R.Sushil Kumar v. The Addl.Chief Secretary To Govt. Of Tamil Nadu

2023-07-11Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.20412 of 2023 R.Sushil Kumar ... Petitioner Vs

1. The Additional Chief Secretary to Govt. of Tamilnadu, Home [Pol. IA] Department, Secretariat, Coimbatore - 600 009.

2. The Director General of Police / Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Director General of Police / Chairperson, Tamil Nadu Uniformed Services Recruitment Board, [TNUSRB], Old Commissioner of Police Office, Pantheon Road, Egmore, Chennai - 600 008.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the third respondent herein to sanction petitioner full retirement benefits within a specified time frame fixed by this Court based on the petitioner representation dated 29.04.2023.

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For Petitioner : Mr.J.Kather Hussain For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader - R1 & R2 Mrs.Sowmi Dattan - R3

ORDER

This Writ Petition has been filed to direct the third respondent to sanction petitioner full retirement benefits within a specified time frame fixed by this Court based on the representation of the petitioner dated 29.04.2023.

2. The case of the writ petitioner is that he retired as Additional Superintendent of Police on superannuation on 31.05.2021. However, the retirement benefits have not been settled to the petitioner. Hence the present Writ Petition has been filed.

3. It is also brought to the notice of this Court that Human Rights Commission directed the petitioner to pay a sum of Rs.one lakh compensation in one case and in respect of which the Writ Petition has 2/5

filed a Writ Petition in W.P.No.6857 of 2001 and the Order of the Human Rights Commission in SHRC Case No.3315/RRS/2000 has been stayed in the above Writ Petition. The said communication indicate that the fourth respondent addressed the communication to the third respondent to withhold a sum of Rs.one lakh till the final disposal of the Writ Petition and requested to kindly furnish the head of account with DP code for which the deduction amount of Rs.one lakh kept pending till the disposal of the Writ Petition.

4. A perusal of the records reveals that the dispute is only with regard to Rs.one lakh. In such view of the matter, the third and fourth respondents is directed to disburse all other retirement benefits of the petitioner except Rs.1,00,000/- within a period of two months from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. No costs.

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Index:Yes/No vrc To,

1. The Additional Chief Secretary to Govt. of Tamilnadu, Home [Pol. IA] Department, Secretariat, Coimbatore - 600 009.

2. The Director General of Police / Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Director General of Police / Chairperson, Tamil Nadu Uniformed Services Recruitment Board, [TNUSRB], Old Commissioner of Police Office, Pantheon Road, Egmore, Chennai - 600 008.

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N.SATHISH KUMAR, J.

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