R. Avudaiyappan, v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016 Coram THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11504 of 2015 R.Avudaiyappan :Petitioner vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.
2.The Joint Commissioner Hindu Religious and Charitable Endowment Board, Palayamkottai, Tirunelveli - 02.
3.The Deputy Commissioner / Executive Officer, Arulmigu Sankaranarayanaswamy Thirukovil, Sankarankovil, Tirunelveli District.
: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 1st respondent to pay full monthly family pension to the petitioner along with all arrears with suitable interest within a time frame on the basis of the petitioner's representation dated 27.06.2014 within a stipulated time frame to be fixed by this Court. (*Prayer amended as per orders of this Court in WMP(MD)No.4984 of 2016, dated 09.06.2016) For Petitioner : Mr.A.Rajaram For Respondents : Mr.R.Anandaraj (R1 & R2) Government Advocate For Respondent-3 : Mr.M.P.Senthil
O R D E R
Mr.Aavudaiyappan, who was appointed as Assistant in the HR & CE Department, after promotion to the post of Accountant, and after completion of sufficient number of years of service, retired with effect from 31.10.2013. The order, dated 31.10.2013, issued by the Deputy Commissioner / Executive Officer of 'Arulmigu Sankaranarayananswamy Thirukovil', Sankarankovil, also shows that he was permitted to retire from service with effect from https://hcservices.ecourts.gov.in/hcservices/
31.10.2013, however, his entitlement to pension has not been considered by the Department, although he made a representation to the 3rd respondent on 27.06.2014. It is also the further claim of the petitioner that, when the petitioner was allowed to retire from service after putting in 32 years of service, he cannot be refused pension.
2. No counter affidavit has been filed on behalf of the respondents.
3. Learned counsel appearing for the 3rd respondent sought time to take instructions, but, this Court, finding that the petitioner is now aged about 62 years and he was permitted to retire from service by the third respondent on 31.10.2013, is of the view that he is entitled to get an order for disposal of his representation by respondent Nos.2 and 3.
4. Accordingly, the respondent Nos. 2 and 3 are hereby directed to consider the petitioner's representation, dated 27.06.2014, and pass appropriate orders on the same, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. Needless to mention that the 3rd respondent shall forward the proposal within a period of two weeks from the date of receipt of a copy of this order to the 2nd respondent, and on receipt of the same, the 2nd respondent is directed to complete exercise within a period of three weeks, thereafter.
5. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34. 2.The Joint Commissioner Hindu Religious and Charitable Endowment Board, Palayamkottai, Tirunelveli - 02.
3.The Deputy Commissioner / Executive Officer, Arulmigu Sankaranarayanaswamy Thirukovil, Sankarankovil, Tirunelveli District.
+1cc to Mr.M.P.SENTHIL,Advocate Sr.No. 30185 +1cc to Mr.A.RAJARAM,Advocate Sr.No. 29213 MPK AA/GSV-PM/SAR-III/24.06.2016/2p-6c W.P.(MD)No.11504 of 2015 09.06.2016 https://hcservices.ecourts.gov.in/hcservices/