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Madras High CourtWP(MD)/16805/2016allowed

Rengasamy, S/O.Lakshmanan v. The Principal Accountant

2017-06-22Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.16805 of 2016 Rengasamy

...Petitioner

Vs.

1. The Principal Accountant General(A&E), O/o.Principal Accountant General(A&E), 361, Anna Salai, Chennai.

2. The Principal Secretary to Government, Department of Revenue Administration, Secretariat, Chennai.

3. The District Collector, Pudukkottai.

4. The Revenue Divisional Officer, Illuppur Post & Taluk, Pudukkottai District.

5. The Tahsildar, Kulathur Post & Taluk, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide pension with arrears along with 18% interest per annum for the belated settlement of the pension at once. For Petitioner : Mr.P.Ganapathi Subramanian For R-1 : Mr.P.Gunasekaran, Standing Counsel.

For R-2 to R-5 : Mr.M.Murugan, Government Advocate.

***

ORDER

This Writ Petition is filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to provide pension with arrears along with 18% interest per annum for the belated settlement of the pension at once.

2. Heard, Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioner and Mr.P.Gunasekaran, learned Standing Counsel appearing for the first respondent and Mr.M.Murugan, learned Government Advocate appearing for the respondents 2 to 5.

3. Without going into the factual issues, the learned counsel for the petitioner pointed out that the Government has granted disbursement of minimum pension to 184 retired Village Administrative Officers, including the petitioner. This order was passed vide G.O.(MD)No.158, Revenue(Service-8(2)) Department, dated 08.04.2015. The petitioner's name is found in serial No.174 of the above Government Order. Hence, the entitlement to get minimum pension is clarified by the Government. Based on the above Government Order, the fifth respondent has to forward the pension proposals of the petitioner through the fourth respondent, to the first respondent.

4. Except the disbursement of minimum pension in accordance with the above Government Order, the petitioner has not claimed anything further and hence, the Writ petition is disposed of with the direction to the fifth respondent to forward the pension proposals of the petitioner as per G.O.(MD)No.158, Revenue (Service-8(2)) Department, dated 08.04.2015, to the first respondent forthwith. The first respondent, thereafter, is directed to disburse the pensionary benefits to the petitioner within a period of four weeks from the date on which the proposal, is received by the first respondent. The respondents 4 and 5 shall not take more than three weeks for forwarding the pension proposals to the first respondent. No costs.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Principal Accountant General(A&E), O/o.Principal Accountant General(A&E), 361, Anna Salai, Chennai. 2.The Principal Secretary to Government of Tamil Nadu, Department of Revenue Administration, Secretariat, Chennai.

3.The District Collector, Pudukkottai.

4.The Revenue Divisional Officer, Illuppur Post & Taluk, Pudukkottai District.

5.The Tahsildar, Kulathur Post & Taluk, Pudukkottai District. +1 cc to Mr.P.Guna Sekaran , Advocate in SR.No. 61734 +1 cc to Mr.P.Ganapathi Subramanian , Advocate in SR.No. 61839 pmu AE/SV MMS/SAR3/29.06.2017/3P/8C ORDER MADE IN W.P.(MD) No.16805 of 2017 22.06.2017