R.Mohandass, v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18358 of 2015 R.Mohandass ... Petitioner Vs.

1.The Principal Secretary to the Government, Environment and Forest Department, Secretariat, Chennai.

2.The Principal Chief Conservator of Forest (Hoff), Panagal Maligai, Saidapet, Chennai - 15.

3.The Principal Accountant General (A & E), Accounts and Entitlement, Chennai.

4.The Conservator of Forests, Dindigul Circle, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to settle all the retirement benefits to the petitioner as requested by the petitioner in his representation, dated 13.07.2015.

For Petitioner :

M/s.Chamundi Bose For RR 1, 2 & 4 :

Mr.S.Angappan, Government Advocate.

For R - 3 :

Mr.P.Gunasekaran

ORDER

This Writ Petition has been filed seeking a direction to the respondents to settle all the retirement benefits to the petitioner by considering his representation, dated 13.07.2015. 2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1, 2 and 4 and the learned counsel appearing for the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioner is that he was initially appointed as Deputy Conservator of Forests and he was permitted to retire from

service on attaining the age of superannuation on 30.11.2014. According to the petitioner, the disciplinary proceedings initiated against him is pending. In the meanwhile, seeking disbursement of terminal benefits, he made a representation dated 13.07.2015 to the respondents and the same has not been considered so far. Hence, he is before this Court.

4.The learned Government Advocate appearing for the respondents submitted that the representation of the petitioner would be considered on merits.

5.In view of the above, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 13.07.2015 seeking for retirement benefits and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to the Government, Environment and Forest Department, Secretariat, Chennai.

2.The Principal Chief Conservator of Forest (Hoff), Panagal Maligai, Saidapet, Chennai - 15.

3.The Principal Accountant General (A & E), Accounts and Entitlement, Chennai.

4.The Conservator of Forests, Dindigul Circle, Dindigul District.

+1cc to Mr.P.GUNASEKARAN, Advocate, SR.No. 56904 +1cc to Mr.CHAMUNDI BOSE, Advocate, SR.No. 56516 +1cc to M/s.Special Government Pleader,SR.No.57559 W.P(MD)No.18358 of 2015 PS KK/SAR/22.04.2019/ 2P- 8C https://hcservices.ecourts.gov.in/hcservices/