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Madras High CourtWP/34410/2019disposed of

K.Raju v. The District Revenue Officer,

2019-12-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No. 34410 of 2019 K.Raju

...Petitioner

Vs.

1.The District Revenue Officer, Coimbatore South, Revenue Divisional Office, State Bank Road, Coimbatore - 641 018.

2.The Revenue Divisional Officer, Gopalapuram, Coimbatore - 641 018.

3.The Tahsildar, North Coimbatore, Dr. Balasundaram Road, Near Womens Polytechnic College, ATT Colony, Gopalapuram, Coimbatore - 641 018.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondents to permit the petitioner to retire from service and disburse the entire pension and pensionary benefits to the petitioner.

For Petitioner : Mr.S.Ilamvaludhi For Respondents : Mrs.K.Bhuvaneswari, Assistant Government Pleader.

O R D E R

This writ petition has been filed seeking for issue of Writ of Mandamus directing the respondents to relieve the petitioner from service and pay his pensionary benefits.

2. It is seen from the records that the petitioner was working as a Village Assistant at Coimbatore. The disciplinary proceedings were initiated against the petitioner which ultimately ended up with an order of punishment passed by the Revenue Divisional Officer, Coimbatore, dated 22.03.2017 wherein, the punishment of one year stoppage of increment with cumulative effective was imposed. The petitioner did not file any appeal against this order and the order has become final. The grievance of the petitioner is that the petitioner has attained superannuation and he has not been relieved from the https://hcservices.ecourts.gov.in/hcservices/

service and his pensionary benefits have not been given to him. Hence, the petitioner made a representation to the 3rd respondent in this regard. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr. S.Ilamvaludhi, learned counsel appearing on behalf of the petitioner and Mrs.K.Bhuvaneshwari, learned Additional Government Pleader on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 05.09.2019 and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-JJ Act) // True Copy// Sub Assistant Registrar kkn To 1.The District Revenue Officer, Coimbatore South, Revenue Divisional Office, State Bank Road, Coimbatore - 641 018.

2.The Revenue Divisional Officer, Gopalapuram, Coimbatore - 641 018.

3.The Tahsildar, North Coimbatore, Dr. Balasundaram Road, Near Womens Polytechnic College, ATT Colony, Gopalapuram, Coimbatore - 641 018.

+1cc to Mr.S.Ilamvaludhui, Advocate, SR.No.103052. +1cc to Government Pleader, SR.No.103669.

W.P.No. 34410 of 2019 SSI(CO) CSR:07.02.2020 https://hcservices.ecourts.gov.in/hcservices/