C.Vaithilingam, v. The Accountant General (A&E)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11534 of 2017 C. Vaithilingam

...Petitioner

Vs.

1. Accountant General (A & E), O/o. the Accountant General (A & E), Chennai.

2.The District Collector, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Pattukkottai, 4.The Tahsildar, Pattukkottai Taluk, ..Respondents PRAYER :

Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to compute the petitioner's suspension period viz., 19.02.2004 to 31.05.2005 as his working period for the purpose of calculating his full monthly pension, on the basis of the petitioner's representation dated 08.12.2016. For Petitioner : Mr.S. Deenadhayalan For Respondent No.1 : Mr. P. Gunasekaran, Standing Counsel for AG office For Respondents 2 to 4 : Mr.M. Murugan Government Advocate

O R D E R

This Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the third respondent to compute the petitioner's suspension period viz., 19.02.2004 to 31.05.2005 as his working period, for the purpose of calculating his full monthly pension, on the basis of the petitioner's

representation dated 08.12.2016.

2. Mr.S. Deenadhayalan, learned Standing Counsel takes notice for the first respondent and Mr.M.Murugan, learned Government Advocate takes notice for the respondents 2 to 4.

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 a positive direction to the respondent, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondent, to consider the representation of the petitioner, dated 08.12.2016.

5. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following direction:- "The third respondent is directed to consider the representation of the petitioner dated 08.12.2016, and pass appropriate orders on merits and in accordance with law, within a period of four weeks 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(Crl side) /True copy/ Sub Assistant Registrar To

1. Accountant General (A & E), O/o. the Accountant General (A & E), Chennai.

2.The District Collector, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Pattukkottai,

4.The Tahsildar, Pattukkottai Taluk, +1 cc to Mr.P.Gunasekaran , Advocate in SR.No. 61733 +1 cc to Mr.S.Deenadhayalan , Advocate in SR.No. 61504 +1 cc to Special Government Pleader in SR.No.61854 trp AE/MR KKR/SAR3/06.07.2017/3P/8C W.P.(MD).No.11534 of 2017 22.06.2017