E.Kumaravelpillai, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14493 of 2019 E. Kumravelpillai ... Petitioner Vs.

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2. The Director of Town Panchayat, Urban Administrative Building, MRC Nagar, RA Puram, Chennai - 600 028.

3. The Director, Local Fund Audit Department, Amma Complex, 4th Floor, Backside of Veterinary Hospital, Nandanam, Chennai - 600 035.

4. The Assistant Director of Town Panchayat, Nagercoil Region, Collectorate Complex, Nagercoil - 629 009.

5. The Executive Officer, Thazhakudy Second Grade Town Panchayat, Thazhakudy Post - 629 901, Suchindrum, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent i.e., the Principal Secretary to Government, Municipal Administration and Water Supply Department, Chennai to pass appropriate orders on the petitoner's representation dated 02.05.2019 regarding sending pension proposals counting half of the services put in by the petitioner on daily wage and on consolidated pay along with regular service, within a specified time frame, that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For R1 to R4 : Mr.A.Muthukaruppan Additional Government Pleader For R5 : Mr.A.Thiagarajan, G.A.

ORDER

This writ petition is filed seeking to direct the the first respondent to pass appropriate orders on the petitioner's representation, dated 02.05.2019, regarding sending pension proposals counting half of the services put in by him on daily wage and on consolidated pay along with regular service, within the stipulated time to be fixed by this Court.

2. Mr.A. Muthukaruppan, learned Additional Government Pleader takes notice for R1 to R4 and Mr. A. Thiagarajan, learned Government Advocate takes notice for 5th respondent.

3. By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.

4. According to the petitioner, he was appointed as Electrician Helper under Street Light Maintenance Scheme in the office of the Second Grade Town Panchayat, Thazhakudy and retired from service on 30.04.2018, on attaining the age of superannuation. Despite the representation, dated 02.05.2019, regarding sending pension proposals counting half of the services put in by him on daily wage and on consolidated pay along with regular service, the same was not considered by the respondents. Hence, the petitioner has filed the present Writ Petition before this Court.

5. At the time of hearing, the learned counsel appearing for the petitioner submitted that even though a larger relief is sought for in this Writ Petition, it would suffice, if a direction is issued to the first respondent to consider and pass orders on the representation of the petitioner dated 02.05.2019.

6. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the representation of the petitioner will be considered on merits and in accordance with law.

7. Having regard to the scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the first respondent to consider the representation of the petitioner, dated 02.05.2019, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this

order, after affording due opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) trp To

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2. The Director of Town Panchayat, Urban Administrative Building, MRC Nagar, RA Puram, Chennai - 600 028.

3. The Director, Local Fund Audit Department, Amma Complex, 4th Floor, Backside of Veterinary Hospital, Nandanam, Chennai - 600 035.

4. The Assistant Director of Town Panchayat, Nagercoil Region, Collectorate Complex, Nagercoil - 629 009.

+ 1 CC TO Mr.S.Visvalingam, ADVOCATE IN SR No.72269 W.P(MD)No.14493 of 2019 28.06.2019 KS(11.07.2019) 3 P 6 C