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Madras High CourtWP(MD)/10247/2017disposed of

N.Balakrishnan, v. The Governement Of India,

2017-06-05Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10247 of 2017 N.Balakrishnan ..Petitioner Vs.

1.The Government of India, Rep. by the Secretary, Minister of Communication, Department of Telecom, New Delhi - 110 001.

2. The Deputy General Manager(Estt.), Bharat Sanchar Nigam Limited(BSNL), Corporate Office (Pension Section), 5th Floor, Bharat Sanchar Bhawan, New Delhi.

3. The Chairman and Managing Director, Bharat Sanchar Nigam Limited(BSNL), Corporate office D.T.O. Building, Kashmere Gate, New Delhi - 110 006.

4. The Senior D.D.G(BW),Bharat Sanchar Nigam Limited(BSNL), Corporate Office, 10th Floor, Chadralok Building, West Wing, 36,Janpath Road, New Delhi - 110 001.

5. The Chief Engineer(Civil),Bharat Sanchar Nigam Limited(BSNL), North East Zone, GMTD Building, 2nd Floor, Barik, Shillong 793 001.

6. The Superintending Engineer(Civil), Bharat Sanchar Nigam Limited(BSNL), North East Zone, GMTD Building, 2nd Floor, Barik, Shillong - 793 001.

7. The Accounts Officer(Claims), Pension Section, Office of the GMTD, Bharat Sanchar Nigam Limited (BSNL), Nagaland S.S.A., Dimapur - 797 112.

8. The Chief General Manager, Bharat Sanchar Nigam Limited(BSNL), Grievance Cell, Anna Salai, Chennai - 600 002.

.. Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the eighth respondent to consider the petitioner's representation, dated 14.03.2017 within a time frame that may be stipulated by this court and directing the respondents to pay the Revision of Pension benefit to the petitioner, on the basis of the second respondent's proceedings in his circular No.40-06/2011-Pen.(B)(Pt.), dated 26.07.2016.

For Petitioner : Mr.R.Udhaya Kumar ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the eighth respondent to consider the petitioner's representation, dated 14.03.2017 within a time frame that may be stipulated by this court and directing the respondents to pay the Revision of Pension benefit to the petitioner, on the basis of the second respondent's proceedings in his circular No.40-06/2011-Pen.(B)(Pt.), dated 26.07.2016.

2. Heard, the learned counsel appearing for the petitioner.

3. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to the respondents to pay the revised Pension benefit to the petitioner, based on the proceedings of the second respondent, dated 26.07.2016, the learned counsel for the petitioner would submit that the petitioner will be satisfied if a direction is issued to the eighth respondent to consider the representation of the petitioner, dated 14.03.2017 on merits within the time stipulated by this Court.

4. Considering the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The eighth respondent is directed to consider the representation of the petitioner, dated 14.03.2017 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

5. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(cs-II) / True Copy / Sub Assistant Registrar(C.S.)

To 1.The Secretary Government of India, Minister of Communication, Department of Telecom, New Delhi - 110 001.

2. The Deputy General Manager(Estt.), Bharat Sanchar Nigam Limited(BSNL), Corporate Office (Pension Section), 5th Floor, Bharat Sanchar Bhawan, New Delhi.

3. The Chairman and Managing Director, Bharat Sanchar Nigam Limited(BSNL), Corporate office D.T.O.Building, Kashmere Gate, New Delhi - 110 006.

4. The Senior D.D.G(BW), Bharat Sanchar Nigam Limited(BSNL), Corporate Office, 10th Floor, Chadralok Building, West Wing, 36,Janpath Road, New Delhi - 110 001.

5. The Chief Engineer(Civil), Bharat Sanchar Nigam Limited(BSNL), North East Zone, GMTD Building, 2nd Floor, Barik, Shillong 793 001.

6. The Superintending Engineer(Civil), Bharat Sanchar Nigam Limited(BSNL), North East Zone, GMTD Building, 2nd Floor, Barik, Shillong - 793 001.

7. The Accounts Officer(Claims), Pension Section, Office of the GMTD, Bharat Sanchar Nigam Limited (BSNL), Nagaland S.S.A., Dimapur - 797 112.

8. The Chief General Manager, Bharat Sanchar Nigam Limited(BSNL), Grievance Cell, Anna Salai, Chennai - 600 002. +1 CC TO MR.R.UDHAYA KUMAR, ADVOCATE,SR NO.58355 pmu MAS/JC/SAR2:15.06.2017:3P-10C ORDER MADE IN W.P.(MD).No.10247 of 2017 Dated :- 05.06.2017