P.Sathiyaseelan, v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9536 of 2017 and W.M.P.(MD)No.7271 of 2017 P.Sathiyaseelan ... Petitioner Vs.

1. State of Tamilnadu, Rep. By the Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-9.

2. The Director/Commissioner of Treasuries, Commissionarate of Treasuries, 1, Jeenis Road, Panagal Building, Chennai-15.

3. The District Treasury Officer, District Treasury Office, Nagarcoil.

4. The Assistant Treasury Officer, Eraniel, Kanyakumari District.

5. The Executive Officer, Kallukuttam Town Panchayat, Kallukuzhi Taluk, Kanyakumari District. ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to revise the pension of the petitioner with notional effect from 01.01.2006 and monetary effect from 01.01.2007 on the basis of G.O.Ms.No.235, Finance (Pay Cell Dept.,) dated 01.06.2009 and G.O.Ms.NO.45, Pay Cell Dept., dated 10.02.2011 by taking note of G.O.Ms.No.48, Municipal Administration and Water Supply Department, dated 30.03.1998 and G.O.Ms.No.211, dated 21.09.1999 with all monetary and service benefit.

For Petitioner : Mr.D.Selvanagayam For Respondents : Mr.T.R.Janarthanan Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner for issuance of a writ of Mandamus, directing the respondents to revise the pension of the petitioner with notional effect from 01.01.2006 and monetary effect from 01.01.2007 on the basis of G.O.Ms.No.235, Finance (Pay Cell Dept.,) dated 01.06.2009 and G.O.Ms.NO.45, Pay Cell Dept., dated 10.02.2011 by taking note of G.O.Ms.No.48, Municipal Administration and Water Supply Department, dated 30.03.1998 and G.O.Ms.No.211, dated 21.09.1999 with all monetary and service benefit.

2.The learned Additional Government Pleader takes notice for the respondents 1 to 5. By consent, the writ petition itself is taken up for final disposal.

3.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the representation of the petitioner, dated 29.09.2015, is directed to be disposed of, by the first respondent, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 5 have no objection for such an order being passed by this Court.

5. In view of the averments made in the affidavit filed in support of this Writ Petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, the first respondent is directed to consider and dispose of the representation of the petitioner, dated 29.09.2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording sufficient opportunity to the petitioner as well as the other interested persons, if any.

6. The Writ Petition stands disposed of with the above directions. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar

To

1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-9.

2. The Director/Commissioner of Treasuries, Commissionarate of Treasuries, 1, Jeenis Road, Panagal Building, Chennai-15.

3. The District Treasury Officer, District Treasury Office, Nagarcoil.

4. The Assistant Treasury Officer, Eraniel, Kanyakumari District.

5. The Executive Officer, Kallukuttam Town Panchayat, Kallukuzhi Taluk, Kanyakumari District.

+1cc to Special Government Pleader, SR.No. 57704 +1cc to Mr.D.Selvanagayam, Advocate in SR.No.57452 W.P.(MD)No.9536 of 2017 24.05.2017 mrn JM/MR/SAR 1/31.05.2017/3P/8C