G.Esakki Muthu Pandiayan v. The Governemnt Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.1815 to 1818 of 2018 G.Esakki Muthu Pandiayan ...Petitioner in W.P.(MD).No.1815 of 2018 M.Chellasamy
...Petitioner in W.P.(MD).No.1816 of 2018
A.Nambi
...Petitioner in W.P.(MD).No.1817 of 2018
S.Gnanasiromani
...Petitioner in W.P.(MD).No.1818 of 2018
Vs.
1. The Government of Tamil Nadu, Represented by Secretary to Government, Forest and Environment Department, Fort St.George, Chennai-9.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.
... Respondent 1 & 2 in all WPs.
3. The District Forest Officer, District Forest Office, Tirunelveli, Tirunelveli District. ... Respondent 3 in WP(MD)1815 & 1816 of 2018 The District Forest Officer, Kanniyakumari Division, Nagercoil, Kanniyakumari District. ... Respondent 3 in WP(MD)1817 & 1818 of 2018
4. The Principal Accountant General of Tamil Nadu, Teynampet, Chennai-18.
...4th Respondents in WPs.
COMMON PRAYER : Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to sanction the pension from the date of retirement of the petitioners i.e., from 31.03.2014, 30.06.2014, 28.02.2014, 30.04.2015 and further direct them to pay the arrear amount of pension between the period of 31.03.2014 and 03.03.2017, 30.06.2014 and 03.03.2017, 28.02.2014 and 03.03.2017, 30.04.2015 and 03.03.2017 along with the interest at the rate of 18 per cent to the petitioner with in a stipulated period that may be fixed by this Court respectively.
In all Petitions For Petitioner : Mr.G.Chandrasekar For R1 to R3 : Mrs.S.Srimathy Special Government Pleader For R4 : Mr.P.Gunasekaran *** COMMON ORDER Heard the learned counsel on either side.
2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal.
3.The petitioners in all these Writ Petitions were working in the Forest Department. All of them retired from service. Due to an inadvertent error committed by the respondents, the petitioners were sanctioned pension not from the date of their retirement, but from a later date. Therefore, these writ petitions have been filed.
4.When the matter was taken up for disposal, the learned Special Government Pleader appearing for R1 to R3 as well as the learned Standing Counsel appearing for the fourth respondent fairly submitted that there has been a mistake and the same has since been rectified. However, the arrears will have to be disbursed.
5.The respondents shall disburse the pension arrears payable to the petitioners within a period of twelve weeks from the date of receipt of a copy of this order.
6.These Writ Petitions stand allowed accordingly. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government of Tamil Nadu, Forest and Environment Department, Fort St.George, Chennai-9.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.
3. The District Forest Officer, District Forest Office, Tirunelveli, Tirunelveli District.
4. The District Forest Officer, Kanniyakumari Division, Nagercoil, Kanniyakumari District.
+4cc to Mr.G.Chandrasekar, Advocate Sr.No.48011 to 48014 +1cc to Spl.Government Pleader Sr.No.48606 TSG VB/JC/SAR4/07/05/2018/2P/10C ORDER MADE IN W.P.(MD).Nos.1815 to 1818 of 2018 13.02.2018