Madras High CourtWP/575/2016disposed of

S.E.Pradeepa Kumaran Nair v. The Principal Secretary To

2016-06-01Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.575 of 2016 S.E.Pradeepa Kumaran Nair .. Petitioner Vs.

1 The Principal Secretary to Government Finance Department Fort St.

George Chennai-9 2 The Director of Treasuries & Accounts, Panagal Maaligai, Saidapet, Chennai .. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the respondents consider the representation of the petitioner dated 7.6.2015 & 3.8.2015 in respect of payment of interest for belated settlement of pensionary benefits and for promotion to the post of Accounts Officers within a stipulated period of time.

For Petitioner :

Mr.S.M.Subramaniam For Respondents :

Mr.Rajendra Prasad

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the representations of the petitioner dated 7.6.2015 and 3.8.2015 in respect of payment of interest for belated settlement of pensionary benefits and for promotion to the post of Accounts Officers within a stipulated period of time.

2. When the petitioner was working as Assistant Accounts Officer in the office of the P.A to Collector (Noon Meal Programmed), Kanyakumari District, a charge memo was framed against him. The petitioner's name was deferred from the panel for promotion to the post of Accounts officer due to the pendency of charges. Though the petitioner submitted his explanations to the charge memo, no progress was made in the disciplinary proceedings. Therefore, he filed repeated writ petitions before this Court and this Court in W.P.No. 25162 of 2011 directed the Government to pass final orders in the disciplinary proceedings failing which the charge memo will stand automatically quashed. Finally, the charges were dropped on 03.03.3024 in G.O.(2D).242. Therefore, he made https://hcservices.ecourts.gov.in/hcservices/

representations dated 7.6.2015 and 3.8.2015 to grant him retrospective promotion and also belated payment of interest. But, till date, there was no response and hence, the Writ Petition has been filed.

3. Mr.S.M.Subramaniam, learned counsel appearing for the petitioner, now states that the petitioner will be satisfied if the respondents are directed to consider petitioner's representations dated 7.6.2015 and 3.8.2015 in accordance with law. 4.

Considering the limited prayer of the petitioner,when especially charges have been dropped, the second respondent is directed to consider the above referred representations of the petitioner and pass orders on merits within four months from the date of receipt of copy of this order.

The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar kua To 1 The Principal Secretary to Government Finance Department Fort St.

George Chennai-9 2 The Director of Treasuries & Accounts, Panagal Maaligai, Saidapet, Chennai 1 cc to Mr.S.M. Subramaniam, Advocate Sr. 29170 1 cc to Government Pleader, Sr. 29200 W.P.No.575 of 2016 KK (CO) kk 13/6 https://hcservices.ecourts.gov.in/hcservices/