K.Karnan v. The Commissioner Of Agriculture
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND K.Karnan ... Petitioner Vs.
1.The Commissioner of Agriculture, Department of Agriculture, Chepauk, Chennai - 600 005.
2.The Joint Director of Agriculture, Collectorate Complex, Dindigul - 624 219, Dindigul District.
3.The Assistant Director of Agriculture, Bathalagundu, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent i.e.The Commissioner of Agriculture, Chennai to instruct the second respondent i.e.The Joint Director of Agriculture, Dindigul and the third respondent i.e.The Assistant Director of Agriculture, Bathalagundu to release the above said balance amount of Rs.1,65,744/- of the petitioner's DCRG within a specified time frame that may be fixed by this Court.
1/5
For Petitioner : Mr.S.Visvalingam For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader
O R D E R
This writ petition has been filed seeking a writ of Mandamus directing the first respondent to instruct the respondents 2 and 3 to release the balance amount of Rs.1,65,744/- of the petitioner's DCRG within a time frame fixed by this Court.
2. The case of the petitioner is that while the petitioner serving as Assistant Agricultural Officer in the office of the third respondent, he was allowed to retire on 30.04.2017 on attaining the age of superannuation. The pension proposals were sent to the office of the Accountant General, Chennai. As per the pension order, dated 13.07.2017 of the Accountant General, Chennai, commutation of pension and DCRG was sanctioned. Even after sanction by the Accountant General, Chennai, the retirement benefits were not disbursed to the petitioner. In compliance of the directions of this Court, dated 09.02.2018 in W.P(MD)No.2148 of 2018, the retirement benefits were paid to the petitioner withholding a sum of Rs.1,65,744/- from the DCRG amount on alleged audit 2/5
objection. The said audit objection relates to the audit year 2009-2010. The said audit objection was removed on 15.10.2024. As the audit objections were removed on 15.10.2024, the petitioner is entitled for the balance amount of Rs.1,65,744/- towards DCRG.
3. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner submitted a representation with the same request in the year 2018. But at that time, the audit objections were not cleared. Only on 15.10.2024, the audit objections made against the petitioner are removed. If the petitioner made fresh representation with the request to release the said DCRG amount, the respondents will consider the same.
4. Having heard the submissions of the respective learned counsels, it appears that DCRG amount for which the petitioner is entitled is withheld by the respondents. Now, it appears that on 15.10.2024, audit objections were cleared as per the learned counsel for the petitioner. If it is true, the petitioner is entitled for the DCRG amount.
3/5
5. Accordingly, this writ petition is disposed of with a direction to the second respondent to disburse the amount withheld by them, if the audit objection made against the petitioner was cleared within a period of three weeks from the date of receipt of a copy of this order. No costs. 10.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:
1.The Commissioner of Agriculture, Department of Agriculture, Chepauk, Chennai - 600 005.
2.The Joint Director of Agriculture, Collectorate Complex, Dindigul - 624 219, Dindigul District.
3.The Assistant Director of Agriculture, Bathalagundu, Dindigul District.
4/5
BATTU DEVANAND , J.
Sn 10.03.2025 5/5