H.Thilagaraj Pandian v. The Commissioner Of Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.12910 of 2018 H.Thilagaraj Pandian ... Petitioner Vs.

1. The Commissioner of Revenue Administration, O/o.the Commissioner of Revenue Administration Office, Ezhilagam, Chepauk, Chennai - 5.

2. The District Collector, Collectorate Campus, Madurai, Madurai District.

3. The District Revenue Officer, O/o.the District Revenue Officer, Kovilpatti, Tuticorin District.

4. The Tahsildar, O/o.Tahsildar Office, Ettiyapuram, Tuticorin District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to disburse the pension and all other retirement benefits with 12% interest by considering the petitioner's representation dated 13.03.2018 within the period that may be stipulated by this Court.

For Petitioner : Mr.A.Nawazkhan for M/s.Ajmal Associates For Respondents : Mrs.S.Srimathy, Spl. G.P.

O R D E R

The prayer sought for in this writ petition is for a writ of mandamus, directing the respondents 1 and 2 to disburse the pension and all other retirement benefits with 12% interest by considering the petitioner's representation dated 13.03.2018 within the period that may be stipulated by this Court.

2.Heard Mr.A.Nawazkhan, learned counsel for the petitioner appearing for M/s.Ajmal Associates and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents. 3.The learned counsel appearing for the petitioner would submit that the petitioner was appointed on 19.12.1988 as Village Administrative Officer after having duly selected by Service Commission. Subsequently after completed training, he had joined on 27.03.1989 at Sundaresapuram village, Tirunelveli District. Thereafter, he had been working at various places and after rendering a service for several years, he retired from service on 31.10.2013. However, so far he has been paid only a sum of Rs.7,255/- as temporary monthly pension. Apart from this, no regular pension has been so far given to the petitioner. Therefore, he has given a representation dated 13.03.

2018 to the respondents and the said representation also has not been considered. Therefore, the petitioner is before this Court. 4.The learned counsel appearing for the petitioner would submit that if a direction is given to the respondent, especially, the second respondent to pass orders on the representation of the petitioner dated 13.03.2018, the petitioner would be satisfied. 5.I have heard the learned Special Government Pleader, who would submit that the said representation of the petitioner would be considered on merits and in accordance with law and an order to that effect would be passed, within a time frame that may be fixed by this Court.

5.Considering the said submissions made by both sides, this writ petition is disposed of with the following direction: "The second respondent is directed to consider the representation of the petitioner dated 13.03.2018 with regard to his service grievance of full pension and other retirement benefits and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order".

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

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar

To

1. The Commissioner of Revenue Administration, O/o.the Commissioner of Revenue Administration Office, Ezhilagam, Chepauk, Chennai - 5.

2. The District Collector, Collectorate Campus, Madurai, Madurai District.

3. The District Revenue Officer, O/o.the District Revenue Officer, Kovilpatti, Tuticorin District.

4. The Tahsildar, O/o.Tahsildar Office, Ettiyapuram, Tuticorin District.

+ 1 cc TO M/S.Ajmal Associates , Advocate in SR No. 68554 + 1 cc TO The Special Government Pleader in SR No. 68658 Arul AE/SV MMS/SAR1/28.06.2018/3P/7C W.P(MD)No.12910 of 2018 18.06.2018