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Madras High CourtWP(MD)/3429/2018allowed

K.Alagendran v. The Director Of Local Fund

2018-02-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.3429 of 2018 K.Alagendran ... Petitioner Vs.

1.The Director of Local Fund Audit, 4th Floor, Integrated Finance Department complex, Nandanam, Chennai-600 035.

2.The Director of Rural Development and Panchayat Raj, Saidapet, Chennai-600 015.

3.The Commissioner of Panchayat Union, Madurai East, Madurai-625 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the Director of Local Fund Audit, Chennai, to disburse the retirement benefits sanctioned to the petitioner as per his letter No.R.Dis.3707/pu/PV(2)2017 dated 16.03.2017, within the specified time.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.J.Gunaseelan Muthian Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition is taken up for final disposal.

3.The petitioner retired as Record Clerk in the Rural Development and Panchayat Raj Department on 31.07.2013. It is not in dispute that on the date of his retirement no departmental action or criminal case was pending against him. He was allowed to retire. But for reasons not known, the petitioner's retiral benefits have not yet been disbursed till date.

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4.There is absolutely no justification in withholding the retirement benefits of the petitioner. It is also submitted by the learned counsel for the petitioner that the first respondent has also sanctioned such disbursement by his letter dated 16.03.2017 and the matter is presently pending on the file of the second respondent.

5.The second respondent is directed to disburse the petitioner's retirement benefits within a period of six weeks from today.

6.The Writ Petition stands allowed accordingly. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The Director of Local Fund Audit, 4th Floor, Integrated Finance Department complex, Nandanam, Chennai-600 035.

2.The Director of Rural Development and Panchayat Raj, Saidapet, Chennai-600 015.

3.The Commissioner of Panchayat Union, Madurai East, Madurai-625 002.

+1cc to M/S.S.VISVALINGAM, Advocate SR.No.50366. +1cc to Special Government Pleader in SR.No.50908. W.P.(MD).No.3429 of 2018 22.02.2018 tsg SDS/SV:MMS/SAR 4/26.02.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/