A.Peer Mohamed v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.459 of 2016 A. Peer Mohamad .. Petitioner vs 1.The Secretary, S.I.V.E.T. College, Gowriwakkam, Chennai - 600 073.

2.The Director, Directorate of Collegiate Education, College Road, Chennai-6.

3.The Joint Director, Directorate of Collegiate Education, Saidapet, Chennai-15.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or order or direction, directing the respondents to dispose of the representation of the petitioner dated 23.12.2015 within a specified period.

For Petitioner : Mr. M. Ravi For Respondents : No Appearance for R1 : Mr.K. Dhananjayan, Spl. Government Pleader for R2 & R3

O R D E R

The relief sought for in this writ petition is for a direction to consider the representation submitted by the writ petitioner on 23.12.2015, in relation to the settlement of his terminal and pensionary benefits.

2.

The learned counsel appearing for the writ petitioner made a submission that the writ petitioner was holding the post of Associate Professor and Head of the Department of Corporate

Secretaryship with the first respondent-College and retired from service on attaining the age of superannuation on 30.11.2015. However, the relieving order has not been served to the writ petitioner and the terminal and retirement benefits have also not been paid.

3.

The learned Special Government Pleader, appearing on behalf of the respondents 2 and 3, made a submission that the first respondent-College has to submit a proposal for sanctioning the pension and other benefits to the writ petitioner and thereafter, the authorities have to consider the same. However, it is not clear whether the College has submitted the proposal for sanctioning the terminal and retirement benefits to the writ petitioner.

4.

Thus, the first respondent is directed to consider the representation submitted by the writ petitioner on 23.12.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.

Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rpl To

1. The Director, Directorate of Collegiate Education, College Road, Chennai-6.

2. The Joint Director, Directorate of Collegiate Education, Saidapet, Chennai-15.

3. The Secretary, S.I.V.E.T. College, Gowriwakkam, Chennai - 600 073.

+ 1 cc to Mr. M. Ravi, Advocate,SR.65384 + 1 cc to M/s.K.Shakespeare, Advocate,SR.65084 + 1 cc to The Govt.Pleader, SR.65616 W.P.No. 459 of 2016 SS(CO) NR 04/10/2017