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Madras High CourtWP(MD)/22763/2017disposed of

A.Karunakaran, v. The Additional Chief Secretary

2017-12-13Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.22763 of 2017 A.Karunakaran ... Petitioner Vs.

1. The Additional Chief Secretary to Government, Home (Police-XVII) Department, Secretariat, Chennai-600 009.

2. The Director of Fire & Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the Additional Chief Secretary to Government, Home (Police-XVII) Department, Chennai to pass appropriate orders on the petitioner's representation dated 24.10.2017 regarding passing orders relating to payment of pension under Rule 39 of the Tamil Nadu Pension Rules, 1978, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.

O R D E R

The petitioner, who are under compulsory retirement from service by G.O.(2D)No.232 Home (Police-XVII) Department dated 27.07.2017, had filed this Writ Petition seeking direction to the first respondent to pass appropriate orders on the representation made by the petitioner dated 24.10.2017 for payment of pension under Rule 39 of the Tamil Nadu Pension Rules, 1978, within a specified time frame that may be fixed by this Court. 2.Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader, who takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

3.Having regard to the limited nature of relief sought by the petitioner, this Court, without expressing any view on the correctness or entitlement of the claim made, directs the first respondent to dispassionately consider the representation dated 24.10.2017 made by the petitioner and pass reasoned orders on merits in accordance with law and communicate the decision taken to the petitioner and file a report of such compliance before the Registrar (Judicial) of this Court on or before 28.02.2018. 4.With the aforesaid direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Additional Chief Secretary to Government, Home (Police-XVII) Department, Secretariat, Chennai-600 009.

2. The Director of Fire & Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

Copy to:

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

+ 1 cc TO Mr.S.Visvalingam , Advocate in SR No. 92411 + 1 cc TO The Special Government Pleader in SR No. 93184 Myr AE/MR KKR/SAR3/26.12.2017/2P/6C W.P.(MD)No.22763 of 2017 13.12.2017 https://hcservices.ecourts.gov.in/hcservices/