R.Arockiyaraj, v. The Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13368 of 2018 R.Arockiyaraj ... Petitioner -Vs1. The Accountant General (A&E) Tamil Nadu, Teynampet, Chennai-600 018.

2. The Superintendent of Police, C.C.I.W-CID, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600 032.

3. The Treasury Officer, Tirunelveli.

(R-3 is suo motu impleaded vide order dated 25.06.2018 in W.P. (MD)No.13368 of 2018 ) ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to issue order to settle the commutation, special EPF I and II and pension as per the 7th pay commission by considering the representation of the petitioner dated 08.01.2018 within a time frame as may be fixed by this Court.

For Petitioner : Mrs.P.Jessi Jeeva Priya For R1 : Mr.P.Gunasekaran For R2 & R3 : Mr.K.Saravanan Government Advocate

ORDER

The prayer sought for herein is for a Writ of Mandamus, directing the respondents to issue an order to settle the commutation, special EPF I and II, and pension as per the 7th Pay Commission by considering the representation of the petitioner

dated 08.01.2018, within a time frame as may be fixed by this Court.

2.Heard Mrs.P.Jessi Jeeva Priya, learned counsel appearing for the petitioner, Mr.P.Gunasekaran, learned Standing Counsel appearing for the first respondent and Mr.K.Saravanan, learned Government Advocate appearing for the respondents 2 and 3.

3.The learned Standing Counsel appearing for the first respondent would submit that even though authorisation has already been given for pension to the petitioner, such authorisation carries the name of the petitioner with the following spelling AROCIYARAJ.R instead of AROCKIYARAJ.R Therefore, in order to rectify the same, the second respondent had made a request for a revised order through his proceedings, dated 26.03.2018. 4.Pursuant to the said request made by the second respondent, the first respondent office had issued an erratum on 03.05.2018 and the said erratum has been despatched to the concerned Treasury Officer for taking further action on 08.05.2018. Therefore, it is now pending with the Treasury Officer for taking further action in this regard. Since the said Treasury Officer, Tirunelveli District has not been impleaded as a party respondent herein, the said respondent i.e., Treasury Officer, Tiurunelveli is suo motu impleaded, as party respondent, for whom, Mr.K.Saravanan, learned Government Advocate, accepts notice.

5.In view of the said development, as the first respondent has already issued the erratum on 03.05.2018 and the same has been despatched on 08.05.2018 to the third respondent (now has been impleaded), this Court is inclined to pass the following order:- "that the third respondent shall act upon on the basis of the erratum issued by the first respondent and take necessary steps to disburse the pension and other benefits to the petitioner immediately, at any rate, within a period of two weeks from the date of receipt of a copy of this order."

6.With this direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To

1. The Superintendent of Police, C.C.I.W-CID, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600 032.

2. The Treasury Officer, Tirunelveli.

+ 1 cc TO Mrs.P.Jessi Jeeva Priya , Advocate in SR No. 69663 + 1 cc TO Mr.P.Gunasekaran , Advocate in SR No. 69730 + 1 cc TO The Special Government Pleader in SR No. 69774 rmi AE/PN/SAR1/09.07.2018/3P/6C W.P.(MD)No.13368 of 2018 25.06.2018