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Madras High CourtWP/33120/2022disposed of

K.Mahadevan v. The Commissioner

2022-12-09Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33120 of 2022 K.Mahadevan ... Petitioner vs.

1.The Commissioner, Madhuranthagam Municipality, Chengalpattu District.

2.The Assistant Director, Local Fund Audit Department, Subordinate Court Campus, Nandhanam, Chennai 35.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 22.09.2022 regarding resubmit pension proposal and to pass appropriate order for sanction of pension and other retirement benefits due and payable to the petitioner within the time limit to be prescribed by this Court.

For petitioner : Mr.A.Baskaran For respondents : Mr.D.Ravichander, Special Government Pleader for R1 Mr.E.Sundaram, Government Advocate for R2 1/4

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to pass final orders on the petitioner's representation dated 22.09.2022 and sanction pension and other retirement benefits due to the petitioner within the time frame to be fixed by this Court.

2.The petitioner has been allowed to retire from service as Sanitary Worker on 31.05.2016. According to the petitioner, the pension amount is yet to be paid to him and the pension proposal is still pending sanction. The petitioner has given a representation on 22.09.2022 requesting the respondents to pass appropriate orders for sanction of pension and other retirement benefits in his favour. Since the representation has not been considered till date, he has filed this writ Petition.

3.Heard Mr.A.Baskaran, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader, who accepts notice on behalf of the first respondent and Mr.E.Sundaram, learned Government Advocate, who accepts notice on behalf of the second respondent.

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4.No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court.

5.This Court directs the respondents to pass final orders, on merits and in accordance with law on the petitioner's representation dated 22.09.2022 seeking for sanction of pension and other retirement benefits in his favour within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the aforesaid direction, this Writ Petition stands disposed of. No costs.

09.12.2022 vga To 1.The Commissioner, Madhuranthagam Municipality, Chengalpattu District.

2.The Assistant Director, Local Fund Audit Department, Subordinate Court Campus, Nandhanam, Chennai 35.

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ABDUL QUDDHOSE, J.

vga W.P.No.33120 of 2022 09.12.2022 4/4