N.Narashimhan v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.3879 of 2017 N.Narashimhan .. Petitioner Vs.

1. The Secretary, Higher Education Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Commissioner, The Commissioner of Technical Education, Guindy, Chennai.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on petitioner's representation, dated 28.11.2016 to revise pay and pension as Rs.8,000/- - Rs.15,600/- to be refixed and to refund Rs.35,378/- which was wrongly recovered from him to disburse DCRG benefits and surrender leave benefits as per G.O.Ms.No.111, dated 25.05.2010 and to pass such further orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.M.Veilkani Raju For Respondents : Mr.J.Gunaseelan Muthaiah Government Advocate

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the second respondent to consider and pass orders on petitioner's representation, dated 28.11.2016 to revise pay and pension as Rs.8,000/- - Rs.15,600/- to be refixed and to refund Rs.35,378/- which was wrongly recovered from him to disburse DCRG benefits and surrender leave benefits as per G.O.Ms.No.111, dated 25.05.2010. 2.Heard the learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents.

3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

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4.Having regard to the limited scope of prayer in the Writ petition, without expressing any opinion on the merits of the matter, this Court direct the second respondent to consider the representation of the petitioner, dated 28.11.2016, regarding the revision of pay and pension and for the refund of the money which was wrongly collected from the petitioner and to pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ petition is disposed of. No costs. sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Secretary, Higher Education Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Commissioner, The Commissioner of Technical Education, Guindy, Chennai.

+1CC TO M/S.SIDDHARTHAN, Advocate,SR.NO.12511 +1CC TO SPECIAL GOVERNMENT PLEADER,SR.NO.12628 ORDER MADE IN W.P.(MD).No.3879 of 2017 06.03.2017 JM/CM MSA/13.03.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/