Jothi Helan v. The Deputy Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10976 of 2019 Jothi Helan ... Petitioner vs.
1.The Deputy Director, Medical and Rural Health Services, Tiruchirappalli.
2.The Chief Civil Medical Officer, Government Hospital, Musiri, Tiruchirappalli District.
3.The Accountant General, (Accounts and Entitlement), Tamil Nadu, Teynampet, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to forward the pension papers of the petitioner to the third respondent and to sanction the pensionary benefits and other allied benefits such as commutation gratuity and leave encashment to the petitioner within the stipulated time fixed by this Court on the basis of the representation of the petitioner dated 06.04.2019.
For Petitioner :Mr.G.Sridharan For Respondents : Mr.V.Anand Government Advocate for R1 and R2 : Mr.P.Gunasekaran for R3
ORDER
The Writ Petition is filed seeking a direction to the respondents 1 and 2 to forward the pension papers of the petitioner to the third respondent and to sanction the pensionary benefits, on the basis of the representation of the petitioner dated 06.04.2019, within the stipulated time to be fixed by this Court.
2. Heard the learned Counsel for the petitioner, the learned Government Advocate, who takes notice for the respondents 1 and 2 and the learned Counsel, who takes notice for the third respondent. By consent, the writ petition is taken up for disposal at the admission itself.
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3. The case of the petitioner is that she has completed 31
years of service in the office of the respondents 1 and 2 and has voluntarily retired from service on 15.02.2019. However, she has not received any pensionary benefits till then. Hence, the petitioner has made a representation on 06.04.2019 to the respondents seeking to sanction the pensionary benefits. But, no action is forthcoming from the respondents. Therefore, the petitioner has approached this Court by filing this writ petition.
4. The learned Government Advocate appearing for the respondents 1 and 2 as well as the learned Counsel appearing for the third respondent submitted that the representation of the petitioner would be considered by the respondents on merits, within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 06.04.2019 and pass appropriate orders on merits and in accordance with law, after an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6. The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Deputy Director, Medical and Rural Health Services, Tiruchirappalli.
2.The Chief Civil Medical Officer, Government Hospital, Musiri, Tiruchirappalli District.
3.The Accountant General, (Accounts and Entitlement), Tamil Nadu,Teynampet, Chennai.
+1 CC to M/s.G.SRIDHARAN, Advocate ( SR-63716[F] dated 29/04/2019 ) +1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-63698[F] dated 29/04/2019 ) W.P(MD)No.10976 of 2019 29.04.2019 SSL KK/SAR/15.05.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/