P.Subramani v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28511 of 2019 and W.M.P.No.28231 of 2019 P.Subramani ..Petitioner vs 1.

The District Collector Thiruvannamalai District Collectorate Office Thiruvannamalai.

2.

The Block Development Officer Block Development Office Arani.

.. Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay the retirement benefits arising out of the superannuation of the petitioner herein on March 2019, who worked as night watchman in the office of the 2nd respondent. For Petitioner : Mr.D.Saikumaran For R1 : Mr.R.S.Selvam Government Advocate For R2 : Mr.J.Pothiraj Special Government Pleader

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits arising out of the superannuation of the petitioner herein on March 2019, who worked as night watchman in the office of the 2nd respondent.

2. Heard the learned counsel appearing for the petitioner as

well as the learned Government Advocate appearing for the 1st respondent and the learned Special Government Pleader appearing for the 2nd respondent. By consent, the writ petition is taken up for final disposal.

3.The case of the petitioner is that he was working as night watchman in the Block Development Office, Arani. Though the petitioner retired in the month of March 2019, he has been denied retirement benefits including pension, provident fund and gratuity for the past four months. After retirement, the respondents issued disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, dated February 2019 and the same was subsequently closed. Thereafter, the petitioner has made representation to the respondents on 01.07.2019 seeking retirement benefits including pension, provident fund and gratuity. However, the petitioner's representation was not considered by the respondents till date. Hence this writ petition.

4. Learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation and pass appropriate orders within the reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the respondents to consider the petitioner's representation dated 01.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar kj To 1.

The District Collector Thiruvannamalai District Collectorate Office Thiruvannamalai.

2.

The Block Development Officer Block Development Office Arani.

+1cc to Mr.D.Saikumaran, Advocate, S.R.No.83909 +1cc to the Government Pleader, S.R.No.83634 W.P.No.28511 of 2019 and W.M.P.No.28231 of 2019 RJI(CO) CS/31/10/2019