Madras High CourtWP(MD)/5217/2017disposed of

Kanagaraj, S/O. Dharmakkan, v. The District Collector

2019-04-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM

THE HON'BLE Mr.JUSTICE R.MAHADEVAN W.P.(MD) No.5217 of 2017 Kanagaraj ... Petitioner -vsThe District Collector, Pudukottai District, Pudukottai.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus Mandamus directing the Respondent to reinstate petitioner in to service by revoking the order of dismissal, issued in his proceedings Rc A2/44923/2005, dated 24.09.2005 and also permit the petitioner to retire from service on the superannuation on 31.05.2001 afternoon with all benefits and also treat the suspension period as duty and to sanction pension and other terminal benefits to the petitioner. For Petitioner : Mr.S.J.Chakkarvarthy For Respondent : Mr.V.Anand Government Advocate

O R D E R

The Writ Petition is filed seeking for issuance of writ of Mandamus directing the Respondent to reinstate the petitioner into service by revoking the order of dismissal, issued by the respondent vide his proceedings in Rc A2/44923/2005, dated 24.09.2005 and also permit the petitioner to retire from service on attaining the age of superannuation on 31.05.2001 with all benefits and also treat the suspension period as duty period and to sanction pension and other terminal benefits to the petitioner.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3. Though the writ petition is filed seeking for a larger relief, now the learned Counsel appearing for the petitioner confines the same to the extent of seeking a direction to the respondent to consider the petitioner's representation, dated 07.11.2016, which meets all the requirements of the petitioner, for which the learned Government Advocate appearing for the respondent has no serious objection.

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4. In view of the submissions now made by the learned Counsel on either side, without going into the merits of the case, the respondent is directed to consider the representation of the petitioner, dated 07.11.2016, in each and every aspects and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) ssl To The District Collector, Pudukottai District, Pudukottai.

+1CC TO MR.S.J.CHAKKARAVARTHY, Advocate Sr. No.63116 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.63748 W.P.(MD) No.5217 of 2017 26.04.2019 DKS(CO) TR (27.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/