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Madras High CourtWP(MD)/20403/2017withdrawn dismissed

K.Balasubramanian v. The Secretary To Goverment

2017-11-07Honourable Mr Justice P.D.Audikesavalu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P(MD)No.20403 of 2017 K.Balasubramanian ... Petitioner vs.

1.The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.

2.The Director of Local Fund Audit, 4th Floor, Kuralagam, Chennai - 600 108.

3.The Commissioner, Tenkasi Municipality, Tenkasi, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Finance (Pension) Department, Chennai to pass appropriate orders on the petitioner's representation dated 15.09.2017 regarding payment of compounding interest for the belated payment of difference in DCRG i.e., for a sum of Rs.1,04,340/- and for the belated payment of difference in arrears of pension for a sum of Rs.34,084/-, within a specified time frame that may be fixed by this Hon'ble High Court. For Petitioner : Mr.S.Visvalingam For Respondents 1 & 2 : Mr.R.Velmurugan Government Advocate For 3rd Respondent : Mr.P.Authimoola Pandian

ORDER

This writ petition has been filed for a direction to the first respondent to consider the representation of the petitioner dated 15.09.2017, regarding payment of compounding interest for the belated payment of difference in DCRG i.e., for a sum of Rs.1,04,340/- and for the belated payment of difference in arrears of pension for a sum of Rs.34,084/-, within a specified time frame that may be fixed by this Court.

2.Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner, Mr.R.Velmurugan, learned Government Advocate, who takes notice for the respondents 1 and 2 and Mr.P.Authimoola Pandian, learned Standing Counsel, who takes for the 3rd respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Having regard to the limited nature of relief sought for by the petitioner, without expressing any view on the correctness or entitlement of the claim made, this Court directs that the first respondent shall consider the said representation dated 15.09.2017, made by the petitioner and pass reasoned orders on merits and in accordance with law and communicate such decision to the petitioner and file a report of such compliance before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai on or before 31.12.2017.

4.Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar

To 1.The Secretary to Government, Finance (Pension) Department, Secretariat, Chennai - 600 009.

2.The Director of Local Fund Audit, 4th Floor, Kuralagam, Chennai - 600 108.

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.S.VISVALINGAM, Advocate SR.No.85553. +1cc to Special Government Pleader in SR.No.85712. order in W.P(MD)No.20403 of 2017 07.11.2017 sj SDS/MR:KKR/SAR 1/10.11.2017/3P/6C