The State Of Tamil Nadu v. K.Sivanandam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twelfth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice T.RAJA WMP(MD) No.8303 of 2016 & WMP(MD)No.1441 of 2017 IN WP(MD) No.20404 of 2015 1 THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, FORT ST.GEORGE, CHENNAI-600 009 2 THE COMMISSIONER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, PANAGAL MALIGAI, SAIDAPET, CHENNAI-600 015 3 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI 4 THE BLOCK DEVELOPMENT OFFICER, SIVAGANGAI PANCHAYAT UNION, SIVAGANGAI DISTRICT 5 THE ASSISTANT DIRECTOR-AUDIT SIVAGANGAI, SIVAGANGAI DISTRICT ... PETITIONER/RESPONDENTS IN BOTH THE PETITIONS Vs K.SIVANANDAM ... RESPONDENT/PETITIONER IN BOTH THE PETITIONS Prayer in WMP(MD).
8303/2016 in WP(MD) NO.20404 of 2015 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time limit for 6 months beyond the time limit granted in WP(MD) NO.20404 of 2015 dated 18.11.2015 Prayer in WMP(MD). 1441/ 2017 in WP(MD) NO.20404 of 2015 : To extend the time limit for 6 months beyond the time limit granted in WP(MD) NO.20404 of 2015 dated 18.11.2015 Prayer in WP(MD).
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Issue a Writ of Mandamaus or any other appropriate writ order or direction to pass orders on the TDP Case
No.11 of 2007 and the Charge Memo No.Na.Ka p2/5447/2012, Dated 16/05/2012 and to pay the retirement benefits namely the encashment of Earn Leave D.C.R.G,, Communication, pension and Leave on Private Affairs etc.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.KARTHIKEYAN, Additional Government Pleader for the petitioner and of MR.A.S.MUJIBUR RAHMAN, Advocate for the Respondent the court made the following order:- These applications have been filed seeking extension of time. 2.Heard Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the petitioners and Mr.A.S.Mujibur Rahman, learned counsel appearing for the respondent.
3.The learned Additional Government Pleader appearing for the petitioners submitted that the District Collector, Sivagangai issued the proceedings dated 08.06.2017 permitting the petitioner to retire from service on 31.05.2012 with condition that pending the Tribunal for disciplinary proceedings (TDP Case No.11/2007) will be continued under Rule 9(2)(b) of Tamil Nadu Pension Rules to finalize the disciplinary case against him. He further submitted that since the petitioner is permitted to retire from service on attaining the age of superannuation on 31.05.2012, a part of the direction of this Court has been complied with. Therefore, he seeks further time. 4.In view of the above said submissions, this Court is inclined to grant 60 days time to pass final orders on the proceedings pending under Rule 9(2)(b) of Tamil Nadu Pension Rules to finalize the disciplinary case against the petitioner. 5.Accordingly, these petitions are allowed. List the matter for reporting compliance after 60 days.
sd/- 12/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, FORT ST.GEORGE, CHENNAI-600 009
2 THE COMMISSIONER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, PANAGAL MALIGAI, SAIDAPET, CHENNAI-600 015 3 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI 4 THE BLOCK DEVELOPMENT OFFICER, SIVAGANGAI PANCHAYAT UNION, SIVAGANGAI DISTRICT 5 THE ASSISTANT DIRECTOR-AUDIT SIVAGANGAI, SIVAGANGAI DISTRICT
ORDER
IN WMP(MD) No.8303 of 2016 & WMP(MD)No.1441 of 2017 IN WP(MD) No.20404 of 2015 Date :12/07/2017 SMA/RR-BS/SAR-2/19.07.2017:2P/6C