Madras High CourtWP(MD)/10957/2017disposed of

P.Packiyam, v. The Accountant General,

2017-06-15Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No. 10957 of 2017 P.Packiyam ..Petitioner Vs.

1. The Accountant General, Treasury and Accounts Department, No.361, Anna Salai, Chennai.

2. The Chief Educational Officer, Office of the Chief Educational Officer, Sivagangai.

3. The Headmaster, Government High School, Tamarakki, Sivagangai District. 630 562.

4. The Commissioner, Government Data Centre, Guindy, Chennai.

(R-4 is impleaded vide order in W.M.P.(MD)No.8534 of 2017, dated 15.06.2017) .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the retirement benefits and regular pension after calculating the entire service period to the petitioner in view of the representation, dated 16.05.2017.

For Petitioner : Mr.D.Senthil For R-1 : Mr.P.Gunasekaran, Standing Counsel.

For R-2 & R-3 : Mr.N.S.Karthikeyan, Additional Government Pleader.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to pay the retirement benefits and regular pension after calculating the entire service period to the petitioner in view of the representation, dated 16.05.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the first respondent and the learned Additional Government Pleader appearing for the respondents 2 and 3.

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3. Mr.P.Gunasekaran, learned Standing Counsel takes notice for the first respondent and Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 2 and 3. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give positive direction to the respondents, the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation, dated 16.05.2017, on merits, within the time stipulated by this Court.

5. Having regard to 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 respondents are directed to consider the representation of the petitioner, dated 16.05.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The Accountant General, Treasury and Account Department, No.361, Anna Salai, Chennai.

2. The Chief Educational Officer, Office of the Chief Educational Officer, Sivagangai.

3. The Headmaster, Government High School, Tamarakki, Sivagangai District. 630 562.

4. The Commissioner, Government Data Centre, Guindy, Chennai.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. NO.60584 +1cc to Mr.D.SENTHIL Advocate in SR. No.60396 PMU JS/MR/KKR/SAR.3/6.7.2017/2P-7C ORDER MADE IN W.P.(MD).No. 10957 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 15.06.2017