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Madras High CourtWP(MD)/3803/2023disposed of

Appadurai S v. The Director General Of Police

2023-02-24Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Appadurai ... Petitioner Vs.

1.The Director General of Police, Chennai.

2.The Accountant General A & E Tamilnadu, No.361, Anna Salai, Chennai - 600 018.

3.The Deputy Inspector General of Police, Tirunelveli Range, Palayamkottai.

4.The Superintendent of Police

Thoothukudi District.

5.The District Treasury Officer Thoothukudi.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the fourth respondent to issue NOC to the Treasury Officer, Thoothukudi to sanction the pensionary benefits to the petitioner on the sanctioned proceedings issued by the Accountant General, Chennai, dated 23.09.2022 by considering on the basis of the petitioner's representations, dated 18.10.2022 and 14.01.2023. For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.S.P.Maharajan - for R1, R3 to R5 Special Government Pleader Mr.P.Gunasekaran - for R2

O R D E R

This writ petition has been filed to direct the fourth respondent to issue NOC to the Treasury Officer, Thoothukudi to sanction the pensionary

benefits to the petitioner on the sanctioned proceedings issued by the Accountant General, Chennai, dated 23.09.2022 by considering the petitioner's representations, dated 18.10.2022 and 14.01.2023.

2. The case of the petitioner is that the petitioner had approached the fourth respondent and requested for 'No Objection Certificate' for the drawal of the pensionary benefits. But the fourth respondent orally stated that there is some message from the first respondent not to disburse the pensionary benefits to the petitioner, as some enquiry is pending. Further, no charge memo or enquiry is pending as against the petitioner. The respondents allowed the petitioner to retire from service on 30.09.2022. The petitioner submitted a representation to the respondents on 18.10.2022 requesting them to disburse the pensionary benefits immediately. But no reply was received till date and hence, the present writ petition is filed.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representations, dated 18.10.2022 and 14.01.2023 and pass

appropriate orders within a reasonable time.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, directs the respondents to consider the petitioner's representations, dated 18.10.2022 and 14.01.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

24.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The Director General of Police, Chennai.

2.The Accountant General A & E Tamilnadu, No.361, Anna Salai, Chennai - 600 018.

3.The Deputy Inspector General of Police, Tirunelveli Range, Palayamkottai.

4.The Superintendent of Police Thoothukudi District.

5.The District Treasury Officer Thoothukudi.

M.DHANDAPANI,J.

RM 24.02.2023