M.Balakrishnan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Balakrishnan S/o.M.R.Muthu ... Petitioner Vs.
1.State of Tamil Nadu, represented by its Principal Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Survey & Settlement, Chepauk, Chennai - 600 005.
3.The Assistant Director of Survey & Land Records, Collectorate, Thiruppur, Thiruppur District.
4.The Principal Accountant General (A&E), O/o.Principal Accountant General, Chennai - 600 018.
5.The Treasury Officer, Treasury Office, Thiruppur, Thiruppur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of 1/6
India seeking issuance of a Writ of Mandamus directing the respondents to disburse the pension and monetary benefits to the petitioner from the date of appointment as a Surveyor's Assistant reckoning with the petitioner's surveyor's service (from 08.11.1983 to 31.05.2015), based on petitioner's representation dated 16.12.2023 made to the respondents. For Petitioner : Mr.N.Ravishankar Vallatharasu For Respondents : Mr.G.Velu, Additional Government Pleader [R1 to R4] Mr.U.Baranidharan, Additional Government Pleader [R5] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 16.12.2023 wherein the petitioner has sought for the pension and other monetary benefits.
2. Heard Mr.N.Ravishankar Vallatharasu, learned counsel for petitioner, Mr.G.Velu, learned Additional Government Pleader appearing for respondents 1 to 4 and Mr.U.Baranidharan, learned Additional Government Pleader appearing for fifth respondent.
3. The case of the petitioner is that he was appointed as a 2/6
Surveyor Assistant in the Revenue Department on temporary basis in the year 1983. Thereafter, the petitioner was appointed as Surveyor on time scale basis in the year 1990. The petitioner retired from service on 31.05.2015. The grievance of the petitioner is that he had made several representations to the respondents to grant pension to the petitioner by considering his service from 08.11.1983. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.
4. The specific case of the petitioner is that if the service is calculated from the year 1983, the petitioner would have put in service for 31 years 6 months and 23 days. However, the respondents had considered the service of the petitioner only for 26 years 10 months and 3 days. In view of the same, the petitioner is getting a lesser benefit by means of pension. Therefore, the petitioner wants the period of 3 years 4 months and 1 day to be added to the total service.
5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the third respondent to deal with the representation made by the 3/6
petitioner on 16.12.2023 on its own merits and in accordance with law and final orders shall be passed within a period of six (6) weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the third respondent along with all relevant documents and a copy of this order.
This writ petition is disposed of with the above direction. No costs.
19.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Survey & Settlement, Chepauk, Chennai - 600 005.
3.The Assistant Director of Survey & Land Records, Collectorate, Thiruppur, Thiruppur District.
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4.The Principal Accountant General (A&E), O/o.Principal Accountant General, Chennai - 600 018.
5.The Treasury Officer, Treasury Office, Thiruppur, Thiruppur District.
N.ANAND VENKATESH, J gm 5/6
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