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Madras High CourtWP(MD)/2148/2018partly allowed

K.Karnan, S/O.Thiru.S.Kumar, v. The Joint Director Of

2018-02-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2148 of 2018 K.Karnan ... Petitioner Vs.

1. The Joint Director of Agriculture, Collectorate Complex, Dindigul - 624 219, Dindigul District.

2. The Assistant Director of Agriculture, Bathalagundu, Dindigul District.

3. The Treasury Officer, District Treasury, Dindigul.

4. The Assistant Treasury Officer, Sub Treasury, Nilakkottai, Dindigul District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third and fourth respondents i.e., the Treasury Officer, Dindigul and the Assistant Treasury Officer, Sub Treasury, Nilakkottai to disburse the pension and commutation of pension sanctioned by the Accountant General, Chennai in his letter No.PO7/10717294/4/PPO No.R0717294/AGR dated 13.07.2017 within a specified time frame that may be fixed by this Court and the first respondent i.e. the Joint Director of Agriculture, Dindigul may be directed to fix up the responsibility regarding maintenance of the Seed Processing Unit, Sholavanthan for collection the audit objection amount of Rs.1,65,844/- within in a specified time frame that may be fixed by this Court.

For Petitioner : M.S.Visvalingam For Respondents : Mr.K.Saravanan, G.A.

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ORDER

The petitioner retired from service on 30.04.2017. The retirement benefits have however not been disbursed despite an order of sanction by the competent authority. Therefore, this writ petition has been filed for disbursement of pension and commutation of pension and all other benefits.

2.Today, when the matter was taken up for hearing, the learned Government Advocate produced a copy of letter dated 08.02.2018 addressed by the second respondent, wherein, it has been stated that due to audit objection, a sum of Rs.1,65,744/- is to be withheld. Preserving the right of the writ petitioner to question the said act of withholding, the third and fourth respondents are directed to disburse the remaining benefits payable to the petitioner forthwith without any delay.

3.The writ petition is allowed as indicated above. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Joint Director of Agriculture, Collectorate Complex, Dindigul - 624 219, Dindigul District.

2. The Assistant Director of Agriculture, Bathalagundu, Dindigul District.

3. The Treasury Officer, District Treasury, Dindigul.

4. The Assistant Treasury Officer, Sub Treasury, Nilakkottai, Dindigul District.

+ 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 47384 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 47829 ARUL TE/SV-MMS/SAR-4 : 12/02/2018 : 2P/7C W.P(MD)No.2148 of 2018 09.02.2018 https://hcservices.ecourts.gov.in/hcservices/