S.P.Latha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.3946 of 2017 and W.M.P.(MD)No.3130 of 2017 S.P.Latha .. Petitioner Vs.

1. The Commissioner, Social Welfare Department, SIDCO Corporate Office, Old Building II Floor, Thiru.V.Ka.Industrial Estate, Guindi, Chennai - 600 032.

2. The District Social Welfare Officer, Collectorate Office Campus, Kokirakulam, Tirunelveli Junction.

3. The Block Development Officer, Ambai Panchayat Union Office, Ambasamudram Union, Tirunelveli District.

4. The Accountant General(A&E), Saidapet, Chennai.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to settle all the retirement and monetary benefits along with interest at 18% per annum from the date of the petitioner's retirement i.e., 30.11.2012 and consequently directing the respondents 1 to 3 to send proposals for releasing the pension to the 4th respondent herein and pass such further orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.C.Jeganathan, for M/s.Veera Associates For R-1 to R-3 : Mr.C.Selvaraj Special Government Pleader For R-4 : Mr.P.Gunasekaran ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents herein to settle all the retirement and monetary benefits along with interest at 18% per annum from the date of the petitioner's retirement i.e., 30.11.2012 and consequently directing the respondents 1 to 3 to send proposals for releasing the pension to the 4th respondent herein and pass such further orders as this Court may deem fit and proper in the circumstances of the case.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.P.Gunasekaran, learned counsel takes notice for the fourth respondent. By consent, the Writ petition itself is taken up for final disposal.

4. The learned counsel for the petitioner would submit that he will be satisfied if a direction is issued to the first respondent to consider the representation of the petitioner, dated 20.02.2017, on merits within a time stipulated by this Court.

5. Hence, without expressing any opinion on the merits of the matter, this Writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner, dated 20.02.2017 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is for the first respondent to consider the entitlement of the petitioner purely on merits.

6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assitant Registrar(P&A) /True copy/ Sub Assistant Registrar

To

1. The Commissioner, Social Welfare Department, SIDCO Corporate Office, Old Building II Floor, Thiru.V.Ka.Industrial Estate, Guindi, Chennai - 600 032.

2. The District Social Welfare Officer, Collectorate Office Campus, Kokirakulam, Tirunelveli Junction.

3. The Block Development Officer, Ambai Panchayat Union Office, Ambasamudram Union, Tirunelveli District.

4. The Accountant General (A&E) Saidapet, Chennai.

+1cc to M/s.VEERA ASSOCIATES, Advocate, in SR No. 13111 +1cc to M/s.P.GUNASEKARAN, Advocate, in SR No.13579 +1cc to Special Government Pleader, Sr.No. 13173 PMU AAM-SV MMS/15.03.2017 3P 8c ORDER MADE IN W.P.(MD).No.3946 of 2017 and W.M.P.(MD)No.3130 of 2017 07.03.2017