C.Ponnan v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 22740 of 2019 C.Ponnan ..Petitioner Vs
1. District Collector Villupuram.
2. Assistant Director, (Panchayats),Villupuram.
3. Block Development Officer Marakkanam,Villupuram District.
4. The Secretary, Then Nerkunam Panchayat, Molasur Post,Tindivanam Taluk, Villupuram District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the respondents to give Salary Arrear amount of Rs.1,16,840/- Retirement Benefits, Monthly pension and Pension Arrears from 31.07.2016 to the petitioner and other benefits based on his representation dated 26.11.2018.
For Petitioner : Mr.P.Vinoth Kumar For Respondents : Mrs.R.Janaki, Additional Government Pleader
O R D E R
The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to give Salary Arrear amount of Rs.1,16,840/- Retirement Benefits, Monthly pension and Pension Arrears from 31.07.2016 to the petitioner and other benefits based on his representation dated 26.11.2018.
2. The case of the petitioner is that on 13.02.1992, he was appointed as Electric Motor Operator for water tank in the Office of the third respondent. During the service period, the petitioner worked well without any complaint and punishment in respect of his work. The petitioner was retired from his service on 31.07.2016 at 03:00 p.m.
3. After the retirement of the petitioner, he was not yet provided with his retirement benefits and all other benefits as per the guideline prescribed by the Government of Tamil Nadu for more than three years, by the respondents 3 & 4 herein. In order to get his retirement benefits, often, the petitioner approached the respondents 3 & 4 in person but he was driven from pillar to post for more than three years. Therefore, left with no other alternative, the petitioner has filed the present Writ Petition for the reliefs stated supra.
4. The learned counsel for the petitioner submitted that though the petitioner has approached the first respondent with two Monday Petitions dated 12.03.2017 & 19.02.2018, however, the said petitions were not yet considered by the first respondent and no steps have been taken till date. He further submitted that the petitioner has once again approached the first respondent and gave a representation dated 16.09.2018, but there is no response on the side of the first respondent. He would further submit that the petitioner has made yet another representation dated 26.11.2018 before the respondents 1 to 4 and the same were also not considered by the respondents. He therefore prayed that the respondents may be directed to settle the retirement benefits of the petitioner.
5. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation will be considered by the respondents on merits. He therefore prayed that the petition may be disposed of with a direction to the respondents.
6. Heard the learned counsels on both sides.
7. In view of the submissions made by the counsels on both sides and without expressing any opinion with regard to the merits of the case, this Court directs the second respondent to dispose of the petitioner's representation dated 26.11.2018, as expeditiously as possible within a period of eight weeks from the date of receipt of a copy of this order.
8. This Writ Petition is disposed of with the above direction. No costs.
kmm Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To
1. District Collector Villupuram.
2. Assistant Director, (Panchayats), Villupuram.
3. Block Development Officer Marakkanam, Villupuram District.
4. The Secretary, Then Nerkunam Panchayat, Molasur Post, Tindivanam Taluk, Villupuram District.
+1cc to Mr.G.Baskar, Advocate, SR.No.76000 +1cc to the Govt.Pleader, Vide Sr.No. 76528 W.P.No. 22740 of 2019 Kak(05/11/2019)