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Madras High CourtWP/42337/2016disposed of

Smt.D.Devi, Aged About 50 Yrs v. The Government Of Tamil Nadu

2016-12-05Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.42337 of 2016 D.Devi ..

Petitioner Vs.

The Government of TamilNadu represented by The Secretary to the Government, Agriculture Department, Fort St., George, Chennai - 600 009.

..

Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to dispose of the petitioner's appeal dated 29.06.2016.

For Petitioner : Mr.H.Rajasekar For Respondent : Mr. A.Kumar Spl. Government Pleader

ORDER

This Writ Petition has been filed to direct the respondent to dispose of the petitioner's appeal dated 29.06.2016.

2. The case of the petitioner is that while the husband of the petitioner was working as a Deputy Agriculture Officer in Tiruvannamalai, was missing from 25.07.2011. In this regard, a case has also been registered in Palladam Police Station Crime No.2292 of 2011 and even after the registration of the case, husband of the petitioner could not be traced. As the husband of the petitioner was the only bread winner of the family, the petitioner submitted a representation to the Assistant Director of Agriculture, Tiruvannamalai for grant of pension and other service benefits payable to the petitioner. Thereafter, the petitioner came to know from the authority concerned that, a Charge Memorandum purported to be dated 25.11.2010 and 14.12.

2011 addressed to the husband of the petitioner has been issued and was informed that charges were framed and enquiry has been conducted in this regard and subsequently, the Director of Agriculture has also issued an order in Se Mu Aa No. Pa O Na 2(5)/98993/2013 dated 24.02.2016, stating that the charge of unauthorised absence against the husband of the petitioner has been proved and thus the https://hcservices.ecourts.gov.

punishment of dismissal from service is imposed on her husband. Against the said impugned order, the petitioner has filed an appeal on 29.06.2016 and the appeal has not been disposed of till date. Hence, the petitioner has come forward with the present Writ Petition.

3. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner either in the appeal or in this writ petition, directs the respondent to dispose of the appeal dated 29.06.2016 filed by the petitioner on merits and in accordance with law as expeditiously as possible.

4. With the above direction, this writ petition is disposed of. No costs.

vrc Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To The Secretary to the Government, Government of TamilNadu Agriculture Department, Fort St. George, Chennai - 600 009.

+1CC to MR.H.RAJASEKAR Advocate SR.NO.71814 +1CC to GOVERNMENT PLEADER HIGH COURT, MADRAS CHENNAI-104 SR.NO.72085.

W.P.No.42337 of 2016 PK[CO] MK:30/12/2016 https://hcservices.ecourts.gov.in/hcservices/