K.Kanthamani v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2019
CORAM
THE HONOURABLE Dr. JUSTICE ANITA SUMANTH W.P.No.10059 of 2017 K. Kanthamani .. Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Revenue, Administration, Chepauk, Chennai - 600 005.
3. The District Collector, Chennai District, Singaravelar Maaligai, Chennai - 600 001.
4. The Tahsildar, Purasaiwalkam - Perambur Taluk, Chennai.
.. Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to pay the monthly pension from 01.08.2004 to the petitioner and consequently directing the respondents to fix the selection grade in the post of Assistant and sanction the leave salary and all other retirement benefits to the petitioner and further direct the respondent to implement the VI Pay Commission Pay along with arrers of pension with 18% interest per annum.
For Petitioner : Mr.K.Sanjay For Respondents : Mr.A.Zakkir Hussain Government Advocate - - - -
O R D E R
The petitioner is a Senior Citizen and has approached this Court seeking a Mandamus directing the respondents to pay monthly pension from 01.08.2004. She seeks consequent directions
to the respondents to fix the selection grade in the post of Assistant and sanction the leave salary and all other retirement benefits to her, implementing the VI Pay Commission pay along with arrears of pension with 18% interest per annum.
2. Counter affidavit has been filed by the Tahsildar, Purasaiwalkam - Perambur Taluk, Chennai/4th respondent, wherein, in paragraph No.11, the Officer points out that the Service Register of the individual reflected that she was not regular in her attendance and had also not made any attempt to regularize the break in service that had occurred during the years 1983, 1984 and 1989 till the date of her retirement. This is the reason set out justifying the delay in sending pension proposal to the office of the Accountant General. Pursuant to enquiry, the service has also been regularized and selection grade has been ordered on 01.04.2019. Thus, what remains is that all arrears have to be withdrawn and disbursed.
3. Mr.A.Zakkir Hussain, learned Government Advocate states that the representation of the petitioner is to be forwarded to the office of the Accountant General, which is under process.
4. In view of the above, the respondents are directed to forward the aforesaid proposal to the office of the Accountant General within one week from today (03.04.2019) and consequential orders shall be passed a period of two weeks thereafter.
This Writ Petition is allowed in the above terms. There shall be no order as to costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar asi To
1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Revenue, Administration, Chepauk, Chennai - 600 005.
3. The District Collector, Chennai District, Singaravelar Maaligai, Chennai - 600 001.
4. The Tahsildar, Purasaiwalkam - Perambur Taluk, Chennai.
+1cc to Mr.K.Sanjay, Advocate, S.R.No.33040 W.P.No.10059 of 2017 KAN(CO) RRS(08/04/2019)