Madras High CourtWP(MD)/7483/2023disposed of

Thayalan R v. The State Of Tamil Nadu

2023-04-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Thayalan ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Secretary to Government, Agriculture and Production Department, Secretariat, Chennai-9.

2.The Director of Agriculture Marketing, Cipet Road, Guindy, Chennai-32.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the principle amount of Rs.27,605/- which was recovered from the petitioner's DCRG amount for telephone usage and consequentially to direct the respondents to pay interest at the rate of 12% per annum for the belated payment of the other retirement benefits payable to the petitioner to till the date of actual payment to the petitioner and by considering the petitioner's representation dated 19.01.2023 within a period that may be stipulated by this Court.

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For Petitioner : Mr.S.Mohamed Suhali for M/s.Ajmal Associates For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is a retired Government servant. He reached the age of superannuation on 31.12.2000. He was however not allowed to retire. He was placed under suspension in view of the pendency of the disciplinary proceedings. Eventually, suspension order was revoked and the final order was issued on 17.10.2007. He got terminal benefits only later.

3. The stand of the petitioner is that the respondents are obliged to pay interest for the belated settlement of the terminal benefits. The petitioner has given representation dated 19.01.2023 in this regard.

4. The respondents are directed to pass order on the petition mentioned representation. Such an order shall be passed on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into merits of the matter.

5. The Writ Petition is disposed of. No costs. 03.04.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Secretary to Government, Agriculture and Production Department, Secretariat, Chennai-9.

2.The Director of Agriculture Marketing, Cipet Road, Guindy, Chennai-32.

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G.R.SWAMINATHAN, J.

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