← Library
Madras High CourtWP(MD)/3708/2017disposed of

R.Muthuraj, S/O.M.Raja Pandi v. The State Government Of

2017-03-02Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3708 of 2017 R.Muthuraj ... Petitioner Vs.

1.The State Government of Tamil Nadu, represented by the Secretary to Government, Finance(Pension) Department, Fort St.George,Chennai-9.

2.The Principal Chief Conservator, Panagal Buildings, Chennai-15.

3.The District Forest Officer, Collector Office Near, Thoothukudi District.

4.The Principal Accountant General, The Principal Accountant General of Tamil Nadu Teynampet, Chennai-18.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondents to consider the Petitioner's representation dated 14.2.2017 to regulate my service in the post of Plot Watcher with all the consequential service and monetary benefits along with arrears of pay from the date of regularization and consequently to grant the Petitioner service pension within the time stipulated by this Court.

For Petitioner : M/s.P.M.Vishnuvarthanan For Respondents : Mr.M.Rajarajan, 1 to 3 Govt.Advocate For Respondent-4 : Mr.P.Gunasekaran

O R D E R

This Writ Petition has been filed, seeking a direction to the respondents to consider the Petitioner's representation dated 14.2.2017 to regulate my service in the post of Plot Watcher with all the consequential service and monetary benefits along with arrears of pay from the date of regularization and consequently to grant the Petitioner service pension within the time stipulated by this Court.

2.Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.P.Gunasekaran, learned counsel takes notice for the third respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the Petitioner was appointed in the respondent Forest Department as Social Forestry Watcher on daily wages on 8.4.1983 and after serving for a while, the Petitioner retired from service on 31.10.2007 on attaining the age of superannuation and he also received some of the retirement benefits. The Petitioner has given several representations to the authorities concerned on various occasions and lastly on 14.2.2017, requesting to regulate the Petitioner's service in the post of Plot Watcher with all the consequential service and monetary benefits along with arrears of pay from the date of regularization and consequently to grant the Petitioner service pension within the time stipulated by this Court and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the respondents concerned is directed to consider the representation of the petitioner, dated 14.2.2017 and to pass appropriate orders on the same in accordance with law within a period of two months from the date of receipt of receipt of a copy of this order, if there is no legal impediment to do so, subject to the delay of the Petitioner in making the claim and availability of records in the concerned Department.

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

sd/- Assistant Registrar(C.S-I) /True Copy/ Sub Assistant Registrar To:

1.The Secretary to State Government of Tamil Nadu, Finance(Pension) Department, Fort St.George,Chennai-9.

2.The Principal Chief Conservator, Panagal Buildings, Chennai-15.

3.The District Forest Officer, Collector Office Near, Thoothukudi District.

4.The Principal Accountant General, The Principal Accountant General of Tamil Nadu Teynampet, Chennai-18.

+1CC TO M/S.P.GUNASEKARAN, Advocate,SR.NO.12661 +1CC TO SPECIAL GOVERNMENT PLEADER,SR.NO.12304 +1CC TO M/S.P.M.VISHNUVARTHANAN, Advocate,SR.NO.12387 W.P.(MD) No.3708 of 2017 02.03.2017 JM/CM MSA/13.03.2017/3P/8C