Madras High CourtWP(MD)/19026/2016disposed of

N.S.Shanmugasundaram, S/O.Late v. The Principal Secretary &

2016-10-04Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.19026 of 2016 N.S.Shanmugasundaram ... Petitioner -vs1. The Principal Secretary & Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 028.

2. The District Collector, Sivagangai District, Sivagangai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent i.e. the District Collector, Sivagangai District, Sivagangai to send proposals for sanction of minimum pension to the petitioner as called for by the first respondent i.e. the Principal Secretary and Commissioner of Revenue Administration Revenue Department Chennai as per his letter No.Na.Ka.Va.Ni.2(2)/ 2822/2014 dated 13.02.2014 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.S.Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent to send the proposals for sanction of minimum pension to the petitioner, as called for by the first respondent in his letter dated 13.02.2014.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent the writ petition itself is taken up for final disposal at the admission stage. https://hcservices.ecourts.gov.in/hcservices/ 3.The facts leading to the filing of the writ petition are as follows:

The petitioner served as a Village Administrative Officer for the period from 11.11.2005 to 31.07.2012 in Sivagangai Taluk and District. He was allowed to retire on 31.07.2012 by the order dated 30.07.2012 by the Revenue Divisional Officer, Sivagangai. His service was also regularised in the cadre of Village Administrative Officer from the date of joining that is, on 11.11.2005 as per G.O.No.321, Revenue Department dated 03.08.2010.

4.The grievance of the petitioner is that minimum pension had been sanctioned for 199 Village Administrative Officers as per G.O.(Perm)No.148, Revenue Department dated 20.04.2011, and on par with 199 Village Administrative Officers, he is also entitled to get minimum pension. So stating, he submitted a representation dated 02.11.2015 to the second respondent for the sanction of minimum pension and as the same was not considered, this Writ Petition has been filed.

5.The learned Additional Government Pleader appearing for the respondents would submit that proposals have already been sent to the first respondent and orders are awaited from the Government.

6.In view of the submission made by the learned Additional Government Pleader, the first respondent shall obtain orders as quickly as possible from the Government and communicate the same to the petitioner, within a period of four weeks. 7.The Writ Petition is disposed of with the above direction. No costs.

Sd/ Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To

1. The Principal Secretary & Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 028.

2. The District Collector, Sivagangai District, Sivagangai. +1cc to M/S.S.Visvalingam, Advocate in SR.No.58608. +1cc to Special Government Pleader in SR.No.59103. W.P(MD)No.19026 of 2016 mj 04.10.2016 msm/sk-skn/sar3/04.11.16/p2/5c https://hcservices.ecourts.gov.in/hcservices/