Madras High CourtWP(MD)/19863/2015disposed of

P. Indirani v. The Director

2015-10-30Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.19863 of 2015 P.Indirani ... Petitioner Vs.

1.The Director, Kuralagam 4th Floor, Chennai - 600 108.

2.The District Collector, Karur, Karur District.

3.The Assistant Director, District Collector's Office campus, Karur.

4.The Block Development Officer, Kadavoor Panchayat Union, Tharangampatti, Karur District.

... Respondents PRAYER:- Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to release the deducted benefits and monthly benefits as per G.O.Ms.No.316, Finance (Pay Cell) Department dated 26.08.2010 by considering the petitioner's representation dated 10.06.2015.

For Petitioner : Mr.V.Panneer Selvam For RR 1 to 3 : Mr.S.Satheesh Kumar Additional Government Pleader For R - 4 : Mr.Mahes Raja

ORDER

This Writ Petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus directing the respondents to release the deducted benefits and monthly benefits as per G.O.Ms.No.316, Finance (Pay Cell) Department dated 26.08.2010 by

considering the petitioner's representation dated 10.06.2015.

2. Mr.S.Satheesh Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mr.Mahes Raja, learned counsel takes notice for the fourth respondent.

3. The petitioner was selected and appointed as a female nursing assistant at Kadavoor Siddha Hospital on the basis of the order of appointment, dated 04.09.1984. After rendering about 20 years of service, on reaching the age of superannuation, retired from service on 31.08.2012. However, her grievance is that when she made a representation to sanction pension benefits, the respondents replied that her pension proposal was forwarded to the first respondent and after getting the sanction order, the benefits will be disbursed. Since the respondents have not sanctioned pension benefits, the petitioner approached the fourth respondent to know the reason about the delay in releasing the petitioner's pension benefits. But, the respondents without passing any order informed the petitioner that there is an audit objection in the fixation of the pension benefits.

4. Subsequently, on the basis of one man commission, the Government issued G.O.Ms.No.316 Finance (Pay Cell) Department, dated 26.08.2010, implementing the recommendation of the one man commission rectifying the anomalies. Therefore, the petitioner has given a representation to the respondents to consider her case. But, the said representation has not been considered by the respondents, hence the petitioner has come forward to file the present Writ Petition.

5. This Court, without going into the merits of the case, directs the first respondent to consider the case of the petitioner by disposing of her representation, dated 10.06.2015 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Director, Kuralagam 4th Floor, Chennai - 600 108.

2.The District Collector, Karur, Karur District.

3.The Assistant Director, District Collector's Office campus, Karur.

4.The Block Development Officer, Kadavoor Panchayat Union, Tharangampatti, Karur District.

Ps AA/AMF/19.11.2015/3p-5c W.P.(MD)No.19863 of 2015 30.10.2015