M.Subramanian v. The State Of Taminadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 16845 of 2019 and W.M.P.(MD) No. 13437 of 2019 M. Subramanian ... Petitioner Vs.
1. The State of Tamil nadu Represented by its Principal Secretary to Government, Revenue Department, Secretariat, Chennai.
2. The Principal Secretary/Commissioner of Revenue Administration, O/o. the Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.
3. The District Collector, Ramanathapuram District, Ramanathapuram ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to sanction and disburse all retirement and monetary benefits of the petitioner along with the accrued interest thereon in pursuant to the order passed by the third respondent, vide his proceedings Roc.A5/15902/2016 dated 31.03.2017, allowing the petitioner to retire from service, within the period that may stipulated by this Court.
For Petitioner : Mr.C. Venkatesh Kumar for M/s. Ajaml Associates.
For Respondents : Mr. A. Muthukaruppan Additional Government Pleader ***
O R D E R
This Writ Petition has been filed seeking direction to the third respondent to disburse all retirement and monetary benefits with accrued interest, in pursuant to the order, dated 31.03.2017 1/4
passed by the third respondent, vide his proceedings Roc.A5/15902/2016 and allow the petitioner to retire from his service, within the time stipulated by this Court.
2. Mr. A. Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the instant writ petition is taken up for final disposal at the stage of admission itself.
3. The grievance of the petitioner is that he was attended the age of superannuation on 31.03.2017, while, he was working as Deputy Tahsildar, Mudukulathur Taluk Office, Ramanathapuram District and just, Seven days prior to his retirement, the third respondent/District Collector, Ramanathapuram District has issued a charge memo, dated 24.03.2017 vide Proceedings Na.Ka.A5/15902/2016. The further grievance of the petitioner is that, though, he was allowed to retire from service on 31.03.2017, he was not paid any retirement benefits and hence, he has made a representation, dated 19.09.2018 to the third respondent for payment of his retirement benefits, so far no order has been passed by the third respondent and therefore, the instant writ petition is filed before this Court.
4. The learned Additional Government Pleader appearing for the respondents would submit that the third respondent has submitted the pension proposal to the Government. He further would submit that the Government is a sanctioning authority for sanctioning the pension benefits to the petitioner.
5. By considering the aforesaid submissions, this Court without expression any opinion on the merits of the petitioner's case, this Court directs the third respondent to consider the petitioners representation, dated 19.09.2018 on merits and in accordance with law, if otherwise eligible, forwarded the pension proposal to the second respondent, within a period of Eight (8) Weeks, from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To
1. The Principal Secretary to Government, The State of Tamil nadu,Revenue Department, Secretariat, Chennai.
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2. The Principal Secretary/Commissioner of Revenue Administration, O/o. the Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.
3. The District Collector, Ramanathapuram District, Ramanathapuram +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-78608[F] dated 30/07/2019 ) W.P(MD).No. 16845 of 2019 AM/13.08.2019/3P-5C 3/4