Avudaiappan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13919 of 2023 Avudaippan ... Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Now at Thoothukudi.

3.The Deputy Commissioner/Executive Office, Arulmigu Sankaranrayanaswamy Thirukovil, Sankarankovil, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned reply in Na.Ka.No.651/2011/A3 dated 23.05.2023 on the file of the 3rd respondent and quash the same 1/6

and further direct the respondents to settle the full retirement benefits of the petitioner with 12% from 01.11.2013 till payment within a time frame.

For Petitioner : Mrs.V.janaki Devi For R1 & R2 : Mr.P.Subharaj Special Government Pleader For R3 : Mr.VR.Shanmuganathan Standing Counsel

ORDER

The present writ petition has been filed seeking a Writ of Certiorarified Mandamus, to quash the impugned reply of the 3rd respondent in Na.Ka.No.651/2011/A3 dated 23.05.2023 and for a consequential direction to the respondents to settle the full retirement benefits of the petitioner with 12% from 01.11.2013 till the payment within a specific time frame.

2. Heard Mrs.V.Janaki Devi, learned counsel for the petitioner, Mr.P.Subharaj, learned Special Government Pleader for the respondents 1 & 2 and Mr.VR.Shanmuganathan, learned Standing 2/6

Counsel for the 3rd respondent.

3. Mrs.V.Janaki Devi, learned counsel for the petitioner submitted that though the petitioner had retired on 31.03.2013, the benefits have not been disbursed in view of the audit objection raised by the office of the Accountant General and in pursuant to the said audit objection, no action has been taken against the petitioner so far.

4. Mr.VR.Shanmuganathan, learned Standing counsel for the 3rd respondent submitted that the proposal has been sent to the 1st respondent and the same was forwarded to the Finance Committee and the same is pending for consideration.

5. From the submission of the learned counsel for the 3rd respondent it is seen that the proposal sent by the 3rd respondent has been forwarded to the Finance Committee and now the matter is pending before the Finance Committee.

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6. The petitioner has attained the age of superannuation as early as on 31.03.2013 and for 10 years the matter is pending without further progress. However, it is appropriate to direct the third respondent to send reminders to the Finance Committee and get appropriate orders within a period of one month and do the needful.

7. With the above direction, the Writ Petition stands disposed of. No costs.

03.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To 1.The Commissioner, Hindu Religious&Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious&Charitable Endowment Department, Now at Thoothukudi.

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3.The Deputy Commissioner/Executive Office, Arulmigu Sankaranrayanaswamy Thirukovil, Sankarankovil, Tenkasi District.

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R.N.MANJULA , J.

PJL Order made in W.P.(MD)No.13919 of 2023 03.06.2024 6/6