S.Sekar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.23742 of 2021 (Through Video Conferencing) S.Sekar
...Petitioner
Vs
1. The Commissioner, Social Welfare Department, Panagal Building, 2nd Floor, Saidapet, Chennai-15.
2. The District Social Welfare Officer, Vellore District, Vellore.
3. The Accountant General (A&E), Tamil Nadu, 361, Anna Salai, Teynampet, Chennai-600 018.
4. The Treasury Officer, District Treasury Office, District Collectorate, Vellore-9.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second and third respondents to pay the interest for the delayed payment of retirement benefits by considering the petitioner's representation dated 17.08.2021 within a reasonable time. For Petitioner : Mr.R.S.Anandan For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate
O R D E R
This case was listed under the caption 'for being mentioned' today at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner submits that this Writ Petition was disposed on 02.11.2021. However, certified
copy of the order and web copy of the order shows that this Writ Petition has been dismissed as withdrawn.
3.The records of the Court were verified. It is noticed that there is a wrong transcription while taking fair print out of the order which was to be signed and uploaded in the website. The endorsement in the court bundle also indicates that this Writ Petition was disposed.
4.Similar Writ Petitions have been disposed by directing the respondents to either pay the interest or consider the representation of the parties. In this case, the petitioner merely wanted for disposal of his representation. The draft print out of the order dictated in the open court is available in the court bundle.
5.Considering the same, the order dated 02.11.2021 is recalled which was signed and uploaded in the website and is substituted with this order that was originally dictated in the open court on 02.11.2021.
6.This Writ Petition has been filed for issuance of a writ of Mandamus, to direct the second and third respondents to pay the interest for the delayed payment of retirement benefits by considering the petitioner's representation dated 17.08.2021 within a reasonable time.
7.Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.
8.Appearing on behalf of the respondents, the learned Government Advocate submits that appropriate orders will be passed by the first respondent on the representation of the petitioner dated 17.08.2021, within a period of four (4) months from the date of receipt of a copy of this order. 9.Recording the same, this Writ Petition is disposed by directing the first respondent to consider the representation of the petitioner dated 17.08.2021 and to pass appropriate orders on merits and in accordance with law, within a period of four
(4) months from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jen
Note:-Registry is directed to issue fresh order copy of this order to the parties without costs.
To
1. The Commissioner, Social Welfare Department, Panagal Building, 2nd Floor, Saidapet, Chennai-15.
2. The District Social Welfare Officer, Vellore District, Vellore.
3. The Accountant General (A&E), Tamil Nadu, 361, Anna Salai, Teynampet, Chennai-600 018.
4. The Treasury Officer, District Treasury Office, District Collectorate, Vellore-9.
+1cc to M/s.R.S.Anandan, Advocate, S.R.No.1540 +1cc to the Government Pleader, W.P.No.23742 of 2021 AJS(CO) RGA(09/02/2022)