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Madras High CourtWP/27813/2024disposed of

K.Gnanasekaran v. The District Collector

2024-09-24Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.27813 of 2024 K.Gnanasekaran ... Petitioner Vs.

1.The District Collector, Tiruvallur District, Tiruvallur.

2. The Block Development Officer, Block Development Office, Poonamallee Block, Tiruvallur District.

3. The Secretary, Kannapalayam Panchayat, Poonamallee Panchayat Union, Mettupalayam, Chennai - 600 077 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 22.7.2024 and to take necessary legal action to pay the retirement benefits of the petitioner including special pension and Lumpsum payment within a time frame fixed by this Court. 1/5

For Petitioner : R.Prabhavathy For Respondents : Mr.P.Balathandayutham Special Government Pleader for R1 Mr.N.Muthuvel Government Advocate for R2 and R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondent to consider the representation dated 22.07.2024 wherein the petitioner has sought for the payment of the retirement benefits including Special pension and lump sum payment within the time frame fixed by this Court.

2.

Heard R.Prabhavathy, learned counsel for the petitioner and Mr.P.Balathandayutham, learned Special Government Pleader for 1st respondent and Mr.N.Muthuvel, learned Government Advocate for respondents 2 and 3. 3.

The case of the petitioner is that the petitioner was working as a Over Head Tank Operator in the 3rd respondent panchayat from the year 2003. He retired from service on 03.02.2024. According to the petitioner, he is eligible 2/5

for Special pension and lump sum payment as per GM Ms.No.348 dated 28.11.2017. The further case of the petitioner is that similarly placed persons were given such a benefit. Therefore, the petitioner made a representation dated 22.07.2024 in this regard. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

5.

Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the respondents 2 and 3 to deal with the representation dated 22.07.2024 on its own merits and in accordance with law and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.

6.

The petitioner is directed to make a fresh representation to the respondents 2 and 3 along with all the relevant documents and also a copy of this order. A copy of the representation shall also be marked to the 1st respondent.

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7.

This writ petition is disposed of with the above directions. No costs.

24.09.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order rka 4/5

N. ANAND VENKATESH, J.

rka To 1.The District Collector, Tiruvallur District, Tiruvallur.

2. The Block Development Officer, Block Development Office, Poonamallee Block, Tiruvallur District.

3. The Secretary, Kannapalayam Panchayat, Poonamallee Panchayat Union, Mettupalayam, Chennai - 600 077 W.P.No.27813 of 2024 24.09.2024 5/5