M.Jayaraman v. The Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31321 of 2018 and W.M.P.No.36505 of 2018 M.Jayaraman ....

Petitioner Vs 1.The Secretary to Government Revenue Department, Fort St.George Chennai 600 009.

2.The Commissioner of Revenue Administration Chepauk, Chennai 600 005.

3.The District Collector Collectorate, Salem - 636 001.

4.The Revenue Divisional Officer, Mettur Mettur Taluk, Salem District.

5.The Principal, Accountant General (A&E) T.N. No.361, Anna Salai, Chennai-600 018.

....

Respondents For Petitioner :

Mr.M.Elango For Respondent :

Mr.R.S.Selvam Government Advocate - for R1 to R4 Mr.Vijay Shankar - for R5 Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to pay the entire retirement benefits, monthly pension, pension arrears, special leave salary, earned leave salary, GPF to the petitioner with interest.

O R D E R

The petitioner was appointed as Night Watchan on 01.07.1986 in the office of the fourth respondent and retired on 01.07.2013. As per Rule 11(2) of the Tamil Nadu Pension Rules, the petitioner is eligible for retirement benefits by counting 50% of the service rendered before regularisation. Since the https://hcservices.ecourts.gov.in/hcservices/

respondents have not taken the service rendered before regularisation into account, the petitioner filed W.P.No.24180 of 2017, which was allowed. On 23.04.2018, the fourth respondent has sanctioned the retirement benefits, but the same has not been paid till date. Therefore, the petitioner has filed the present writ petition.

2. Mr.R.S.Selvam, learned Government Advocate takes notice for the respondents 1 to 4. Mr. Vijay Shankar takes notice for the fifth respondent. Heard the learned counsel appearing on either side and perused the materials available on record.

3. In view of the limited relief sought for, this writ petition is disposed of directing the respondents to disburse the sanctioned retirement benefits due to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar kst To 1.The Secretary to Government Revenue Department, Fort St.George Chennai 600 009.

2.The Commissioner of Revenue Administration Chepauk, Chennai 600 005.

3.The District Collector Collectorate, Salem - 636 001.

4.The Revenue Divisional Officer, Mettur Mettur Taluk, Salem District.

5.The Principal, Accountant General (A&E) T.N. No.361, Anna Salai, Chennai-600 018.

+1cc to the Government Pleader, S.R.No. 82631 W.P.No.31321 of 2018 RSV(CO) GN(24/12/2018) https://hcservices.ecourts.gov.in/hcservices/