V.Srinivasan v. The Principal Accountant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29037 of 2019 V.Srinivasan ... Petitioner Vs.

1.The Principal Accountant General(Accounts & Entitlements) 261, Anna Salai, Chennai - 600 018 2.The Principal Chief Conservator of Forests, Chennai - 600 015 3.The District Forest Officer, Nilgiris Forest Division, Uthagamandalam Post, The Nilgiris District. Pin:-643 001.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant Full Pension to the Petition in accordance with G.O.Ms.No.245, Finance(PGC-I) Department, dated 19.07.2018 with effect from the date of his retirement with arrears of revised pension.

For Petitioner : Mr.P.Rajendran For Respondents For R1 : Mr.Vijay Shankar For R2 & R3 : Mr.M.Elumalai, Government Advocate

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The learned counsel appearing for the petitioner would submit that the petitioner voluntarily retired from service on 28.02.1995 as Assistant Superintendent (Selection Grade),

Cinchona Department(now Forest Department. He was initially appointed in the year 1968 and subsequently retired in the year 1995. While being so, there were series of litigations with regard to cut off date for receiving full pension. According to the petitioner, as per the direction of the Hon'ble Apex Court, G.O.Ms.No.245 Finance(PGC-I) Department dated 19.07.2018 was passed, thereby the petitioner is entitled to receive full pension.

Immediately thereafter the petitioner made representation in the prescribed format as per G.O.Ms.No.245 Finance (PGC-I) Department dated 19.07.2018 and the same was forwarded by the third respondent to the second respondent. Even thereafter the second respondent did not take any action on the same. Hence, the petitioner has filed the present petition. 3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the second respondent to consider the representation of the petitioner dated 26.06.2019 and pass orders, within a stipulated time fixed by this Court.

5.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 26.06.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Principal Accountant General(Accounts & Entitlements) 261, Anna Salai, Chennai - 600 018.

2.The Principal Chief Conservator of Forests, Chennai - 600 015.

3.The District Forest Officer, Nilgiris Forest Division, Uthagamandalam Post, The Nilgiris District. Pin:-643 001.

+1cc to the Special Government Pleader Sr.85285 +1cc to Mr.P.Rajendran, Advocate Sr.85044 W.P.No.29037 of 2019 srg 04/11/2019