S.Jayachandran, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.7044 of 2016 WMP.No.6256 of 2016 S.Jayachandran Petitioner Vs 1.The State of Tamil Nadu by Secretary to Government Adi Dravidar and Tribal Welfare Department Fort St.George Chennai-9 2.The Special Commissioner and Commissioner of Revenue Administration,Chepauk Chennai-5 3.The Director of Adi Dravidar and Tribal Welfare Department, Chennai-5 4.The District Collector, Cuddalore 5.The Accountant General (P&A), Teynampet Chennai-18 Respondent Prayer:- This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to pay the retirement benefits, pension and all attended benefits to the Petitioner who retired on 30.09.2001 from the Government service with interest at the rate of 12% per annum from the date of retirement till actual payment leaving the amount paid on 14.11.2013. For Petitioner :

Mr.G.Ethirajulu For Respondent :

Mr.A.Kumar, SGP-RR1to4 Mr.V.Murali-R5

ORDER

This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to pay the retirement benefits, pension and all attended benefits to the Petitioner who retired on 30.09.2001 from the Government service with interest at the rate of 12% per annum from the date of retirement till actual payment leaving the amount paid on 14.11.2013.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments, the learned counsel for the Petitioner has submitted that the Petitioner has given a consent letter, accepting the punishment and he is a cancer patient and that in view of the pendency of the writ petition and the enquiry proceedings, the entire retirement benefits have not been settled to him and he has made a representation asking for disbursement of the terminal benefits. He would now only seek for passing of the final orders at the earliest.

4. The learned Additional Government Pleader for the Respondents has also acknowledged that the consent letter of the Petitioner has been received and appropriate orders will be passed, as expeditiously as possible.

5. In view of the above, the 1st Respondent is directed to pass final orders, taking into consideration the consent letter given by the Petitioner, within a period of two weeks from the date of receipt of a copy of this order and the emoluments shall be released within a period of four weeks thereafter.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MP is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar Srcm

To:

1.The State of Tamil Nadu Secretary to Government Fort St.George Adi Dravidar and Tribal Welfare Department Chennai-9 2.The Special Commissioner and Commissioner of Revenue Administration, Chennai-5 3.The Director of Adi Dravidar and Tribal Welfare Department, Chennai-5 4.The District Collector, Cuddalore 5.The Accountant General (P&A), Teynampet Chennai-18 +1 cc to Mr.G.Ethirajulu Advocate sr 48727 +1 cc to Government Pleader sr 49138 WP.No.7044 of 2016 aa16/09/2016