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Madras High CourtWP/22204/2022disposed of

R.Chavan v. The Secretary To Government

2022-11-24Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Chavan ... Petitioner Vs 1.The Secretary to the Government, The Revenue Administration Department, Secretariat, Chennai - 600 009.

2.The Commissioner, The Revenue Administration, Chepauk, Chennai - 600 008.

3.The District Collector, Dharmapuri, Dharmapuri District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the proposal made in Na.Ka.No.31252/2012/Aa4 dated 15.03.2022 by the third respondent with regard to payment of service benefits from 19.07.2014 to 19.01.2016 to the petitioner.

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For Petitioner ...

Mr.R.Sathiyaraj For Respondents ...

Mr.L.S.M.Hasan Fizal, Additional Government Pleader

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents 1 and 2 to pass final orders on the third respondent's proposal dated 15.03.2022 which was made pursuant to the request made by the petitioner to calculate service benefits in his favour for the period from 19.07.2014 to 19.01.2016. During the said period, the petitioner was not allowed to perform his duty.

2. Heard Mr.E.Sathiyaraj, learned counsel for the petitioner and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for the respondents.

3. Since the proposal submitted by the third respondent to first and second respondents by its proceedings dated 15.03.2022 has not been considered till date and no final orders have been passed, the petitioner has filed this writ petition. The petitioner has filed a copy of the proposal in Na.Ka.No.31252/2012/Aa4 dated 15.03.2022 issued by the third respondent 2/5

based on the petitioner's representation. Admittedly, the said proposal has not been considered by the respondents 1 and 2.

4. No prejudice would be caused to the respondents, if the proposal of the third respondent referred to supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the respondents 1 and 2 to pass final orders on merits and in accordance with law, on the third respondent's proposal in Na.Ka.No.31252/2012/Aa4 dated 15.03.2022, with regard to the payment of service benefits to the petitioner from 19.07.2014 to 19.01.2016 within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this writ petition is disposed of. No costs.

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To 1.The Secretary to the Government, The Revenue Administration Department, Secretariat, Chennai - 600 009.

2.The Commissioner, The Revenue Administration, Chepauk, Chennai - 600 008.

3.The District Collector, Dharmapuri, Dharmapuri District.

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ABDUL QUDDHOSE, J.

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