Madras High CourtWP/7022/2016disposed of

P.Govindan v. The Government Of Tamil Nadu

2016-02-25Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.02.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.7022 of 2016 P.Govindan .. Petitioner Vs.

1.The Government of Tamil Nadu, rep. by its Principal Secretary, Revenue (SS4(2)) Department, Fort St. George, Chennai 600 009.

2.The Director of Survey and Settlement, Chepauk, Chennai-600 005.

3.The Assistant Director, Survey and Land Records Department, Dharmapuri.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus by directing the second respondent to pass final order in the disciplinary proceedings in TDP Case No.10/2010 dated 28.01.2011 and consequently confer all the consequential benefits with due regards to petitioner seniority and allow the petitioner to retire from service with effect from 31.01.2015 with all monetary benefits.

For Petitioner : Mr.R.S.Anandan For Respondents : Mr.S.Gunasekaran Government Advocate

O R D E R

The petitioner, P.Govindan, has come to this Court, seeking a direction to the second respondent to pass final orders in the disciplinary proceedings in TDP Case No.10/2010 dated 28.01.2011 and consequently confer all the consequential benefits with due regards to petitioner's seniority and allow him to retire from service with effect from 31.01.2015 with all monetary benefits. 2.Learned counsel for the petitioner would submit that since the disciplinary proceedings pending on the file of the

Commissioner for Disciplinary Proceedings, Coimbatore, have come to an end on 20.11.2014 and the petitioner has also reached the age of superannuation on 31.01.2015, he was not permitted to retire from service in view of Rule 56(1)(c) of the Fundamental Rules.

3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 4.Considering the submission made by the learned counsel for the petitioner, without going into the merits of the case, this Court hereby directs the second respondent to pass final orders, after examining the case in detail with prevailing records, within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of. No costs.

vga Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Revenue (SS4(2)) Department, Fort St. George, Chennai 600 009.

2.The Director of Survey and Settlement, Chepauk, Chennai-600 005.

3.The Assistant Director, Survey and Land Records Department, Dharmapuri.

+ 1 cc to Mr.R.S.Anandan, Advocate Sr 11813 + 1 cc to The Govt.Pleader, Sr 12200 KR/1/3/16 W.P.No.7022 of 2016