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Madras High CourtWP(MD)/11656/2017disposed of

Y.Sankaradass v. The Principal Secretary To

2017-06-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).Nos.11656 of 2017 Y.Sankaradass

...Petitioner

Vs.

1.The Principal Secretary to Government, Government of Tamil Nadu, Finance(Pension) Department, Fort St. George, Chennai - 600 009 2.The Secretary to Government, Public Works Department, Government of Tamil Nadu, Fort. St. George, Chennai.

3.The Registrar, Bharathidasan University, Palgalai Perur, Thiruchirappalli.

4.The Assistant Director, (Internal Audit), Bharathidasan University, Thiruchirappalli.

..Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant pensionary and other monetary benefits payable to the petitioner on the basis of the calculation in accordance with the provisions of amended G.O.No.408, dated 25.08.2009, by considering petitioner's representation dated 06.04.2017 within the time stipulated by this Court.

For Petitioner : Mr.B. Jameel Arasu For Respondents 1,2 &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 respondents to grant pensionary and other monetary benefits payable to the petitioner, on the basis of the calculation, in accordance with the provisions of amended G.O.No.408, dated 25.08.2009, by considering the petitioner's representation dated 06.04.2017 within the time stipulated by this Court.

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2. Mr.M.Murugan, learned Government Advocate takes notice for

the respondents 1, 2 and 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 respondents, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the respondents, to consider the representation of the petitioner, dated 06.04.2017.

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 respondents are directed to consider the representation of the petitioner dated 06.04.2017, in the light of the G.O.No.408, dated 25.08.2009, 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."

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Government of Tamil Nadu, Finance(Pension) Department, Fort St. George, Chennai - 600 009 2.The Secretary to Government, Public Works Department, Government of Tamil Nadu, Fort. St. George, Chennai.

3.The Registrar, Bharathidasan University, Palgalai Perur, Thiruchirappalli.

4.The Assistant Director, (Internal Audit), Bharathidasan University, Thiruchirappalli.

+1cc to Mr.B.JAMEEL ARASU Advocate in SR. No.62003 +1cc to THE SPECIAL GOVERNMENT PELEADER in SR. No62034 TRP JS/MR/KKR/SAR.3/6.7.2017/2P-7C W.P.(MD).Nos.11656 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 23.06.2017