Madras High CourtWP(MD)/10737/2017disposed of

V.Palanivelu, S/O.Veeran, v. The District Collector

2019-03-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10737 of 2017 V.Palanivelu ... Petitioner Vs.

1.The District Collector, Trichy District.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Thottiyam.

... 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 pay the admissible amount of retirement benefits to the petitioner.

For Petitioner :

Mr.S.Muthukrishnan For Respondents :

Mrs.J.Padmavathy Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to pay the admissible amount of retirement benefits to the petitioner.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.The case of the petitioner is that he was working as Village Administrative Officer. While so, he was placed under suspension on 22.06.2006 for the offence of illegal gratification and as such, criminal case is pending against him. Even though, the petitioner has attained the age of superannuation on 31.08.2010, he was not permitted to retire from service. Further, he has not been paid with the admissible amount as per the Government Rules. Hence, the petitioner has submitted a representation, dated 01.03.2017 to the respondents for disbursement of the same. Since the same has not https://hcservices.ecourts.gov.in/hcservices/

been considered so far, the petitioner has filed the present Writ Petition.

4.The learned Special Government Pleader appearing for the respondents submitted that the respondents would consider the petitioner's representation and pass orders on merits within a time frame to be determined by this Court.

5.In view of the above, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation, dated 01.03.2017 seeking retirement benefits eligible to him and pass appropriate orders, on merits and in accordance with law, after due opportunity of hearing to the petitioner. Such an exercise shall be completed 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 // True Copy // Sub Assistant Registrar(CS ) ps To 1.The District Collector, Trichy District.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Thottiyam.

1CC TO MR. S. MUTHUKRISHNAN, ADVOCATE SR 55008 1CC TO THE SPL GOVT PLEADER SR 55354 KK 15/04/2019 2P 6C W.P(MD)No.10737 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 19.03.2019