Dr.N.Balasubramanian v. The Principal Secretary To Government /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32599 of 2019 N.Balasubramanian ..Petitioner vs 1.The Principal Secretary to Government, The Chairman of TWAD Board, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Secretariate, Chennai-600 009.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai 600005.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ or order or direction or any other appropriate order in the nature of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 27.09.2019 submitted for seeking an order of regular pension, retirement benefits namely, Gratuity, Commutation and a grant of due promotion from the date of promotion of his immediate Junior and to grant all consequential National promotions terminal and pensionary benefits thereof with retrospective effect based on the G.O.Ms. (P & AR) No.22, dated 24.02.2014.

For Petitioner : Mr.V.Kayalvizhi For Respondents: Mr.R.S.Sevam Government Advocate for R1 M/s.Tamilarasi for R2

O R D E R

The petitioners filed this Writ Petition seeking direction to the respondents to consider the petitioner's representation dated 27.09.2019 submitted for seeking an order of regular pension, retirement benefits namely, Gratuity, Commutation and a

grant of due promotion from the date of promotion of his immediate Junior and to grant all consequential National promotions terminal and pensionary benefits thereof with retrospective effect based on the G.O.Ms. (P & AR) No.22, dated 24.02.2014.

2. The case of the petitioners is that he was appointed as Assistant Engineer in TWAD Board in the year 1979 at Urban Division Coimbatore and he retired from service on 31.03.2019. While, he was in service, he committed a Criminal case in Crime No.3/AC/1988/HQRS dated 14.10.1988. After completing Criminal proceedings the order was passed in favour of the petitioner. Even though, the concerned department has not to sanctioned the retirement benefits and other consequential benefits. Therefore, the petitioner made on 27.09.2019 before the respondents for seeking retired benefits. Till date, his representation was not considered. Hence, the present Writ Petition is filed.

3. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the respondents to dispose of the representation dated 27.09.2019, on merits and in accordance with law.

4. Mr.R.S.Selvam, learned Government Advocate appearing for the first respondent and M/s.Tamilarasi, learned counsel appearing for the second respondent agreed to dispose of the representation dated 27.09.2019 within a reasonable time.

5. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the respondents to dispose of the representation dated on 27.09.2019 on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar tta

To 1.The Chairman of TWAD Board, The Principal Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Secretariate, Chennai-600 009.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai 600 005.

+3cc to Mr.V.Kayalvizhi, Advocate, S.R.No. 98761 +1cc to the Government Pleader, S.R.No. 98969 W.P.No.32599 of 2019 VBA(CO) GN(09/01/2020)