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Madras High CourtWP/33850/2019disposed of

V.Britto Paul Raj, v. The Additional Chief Secretary To Government,

2019-12-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.33850 of 2019 V.Britto Paul Raj ... Petitioner -Vs1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, St. George Fort, Chennai - 600 009.

2. The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.

3. The District Collector, Rural Development Section, Collector Office, Thiruvarur, Thiruvarur District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to consider and pass orders upon the petitioner's representation dated 24.10.2019 with regard to sanction and disbursement of the petitioner's General Provident Fund, Special Provident Fund and Encashment of earned leave salary within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.K.L.Sekar For Respondents: Mr.S.N.Parthasarathi Government Advocate

ORDER

This writ petition has been filed seeking for the writ of mandamus directing the 1st respondent to consider the representation made by the petitioner on 24.10.2019 and to sanction and disburse the Provident Fund and other earned leave salary.

2.It is seen from records that the petitioner was appointed as a overseer in the first respondent's Department in the year 1981. He was promoted as a Assistant Executive Engineer on 27.02.2019. However, on the date of retirement, the petitioner was placed under suspension and he was not permitted to retire from services in view of departmental proceedings initiated against him. Thereafter, no orders were passed and therefore the petitioner made a representation to the 1st respondent. The representation has not been considered and therefore, the present writ petition has been filed before this Court. 3.Heard, Mr.K.L.Sekar, the learned counsel appearing on behalf of the petitioner and Mr.S.N.Parthasarathi, the learned Government Advocate appearing on behalf of the respondents. 4.

Taking into consideration the facts and circumstances of the case and the limited prayer that has been sought for by the petitioner, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 24.10.2019 and pass final orders, strictly in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above direction. No Costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, St. George Fort, Chennai - 600 009.

2. The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.

3. The District Collector, Rural Development Section, Collector Office, Thiruvarur, Thiruvarur District.

+1cc to Mr.K.L.Sekar, Advocate sr.100946 +1cc to Special Government Pleader sr.101646 W.P.No.33850 of 2019 rp(co) nr 09/12/2019