Madras High CourtWP(MD)/17482/2020disposed of

A. Balasubramanian v. The Principal Secretary/ Commissioner

2020-12-03Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.17482 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.17482 of 2020 A.Balasubramanian ... Petitioner Vs.

1.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowment, 119,Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2.The Executive Officer, Arulmigu Dhandayuthapani Swami Thirukoil, Palani, Dindugul District.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents to pay the departmental pension of Rs.2,000/- from 01.02.2017 to 12.07.2020 and to pay the enhanced departmental revised pension of Rs.3,000/- from 13.07.2020 till date along with 10% interest to the petitioner by considering the petitioner representation dated 27.07.2020.

For Petitioner : Mr.P.Rajagopalan For R-1 : Mr.K.P.Narayanakumar Special Government Pleader For R-2 : Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed to direct the respondents to pay the departmental pension of Rs.2,000/- from 01.02.2017 to 12.07.2020 and to pay the enhanced departmental revised pension of Rs.3,000/- from 13.07.2020 to till date along with 10% interest to the petitioner by considering the petitioner's representation dated 27.07.2020.

3.It is the case of the petitioner that he was working as Nathaswara Vidwan in the second respondent Temple for the past 33 years and he was retired from service on 31.01.2017. After retirement, the petitioner approached the second respondent for departmental pension of Rs.2,000/- based on the G.O.Ms.No.253 dated 07.10.2016. Subsequently, the departmental pension was https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.17482 of 2020 revised to Rs.3,000/- based on the G.O.Ms.No.96 dated 13.07.2020. In this regard, the petitioner has given a representation dated 27.07.2020 requesting the respondents to pay the actual pension along with arrears with 10% interest. The said representation was not considered by the respondent till date. Hence, without any other options the petitioner approaches this Court by way of writ petition for appropriate orders.

4.The learned Special Government Pleader appearing for the respondents would fairly submit that the representation of the petitioner will be considered on merits and in accordance with law. 5.In view of the submissions made by the learned counsel appearing on either side, this Court directs the respondents to consider the representation of the petitioner dated 27.07.2020 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowment, 119,Uthamar Gandhi Road, Nungambakkam, Chennai-600 034. 2.The Executive Officer, Arulmigu Dhandayuthapani Swami Thirukoil, Palani,Dindugul District.

+1 CC to M/s.SPL GP ( SR-24288[F] dated 07/12/2020 ) +1 CC to M/s.P.RAJAGOPALAN, Advocate ( SR-24197[F] dated 07/12/2020 ) W.P.[MD]No.17482 of 2020 03.12.2020 PK(CO) KB(15.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2