Saleem Batcha v. State Of Tamil Nadu Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.17751 of 2025 Saleem Batcha : Petitioner Vs.

1. State of Tamil Nadu Represented by the Principal Secretary, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai.

2. The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Whennals Road, Egmore, Chennai.

3. The Accountant General of Tamil Nadu, Office of the Accountant General, 361, Anna Salai, Teynampet, Chennai.

4. The Deputy Inspector General of Prison and Correctional Services, Office of DIG Prisons, Madurai Range, Madurai.

5. The Superintendent of Prison, Madurai Central Prison, Madurai.

: Respondents 1/4

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to take appropriate action to re fix the petitioner's pension and other retirement benefits based on the proposal sent by the respondent No.5 in No. 15513/Po.3/2014 dated 28.11.2024 and pay the resultant arrears arising out of such re-fixation of pension to the petitioner in accordance with the law within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani For Respondents: Mr.S.R.A.Ramachandhran(R1,R2,R4&R5) Additional Government Pleader Mr.R.Gunasekaran (R3)

ORDER

The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to take appropriate action to re-fix the petitioner's pension and other retirement benefits based on the proposal sent by Respondent No. 5 in No. 15513/Po.3/2014 dated 28.11.2024 and to pay the resultant arrears arising from such re-fixation of pension to the petitioner in accordance with law.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/4

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that, although several grounds have been raised in the writ petition, it would suffice if this Court issues a direction to the first respondent to consider the (*)fifth respondent's proposal dated 28.11.2024 and pass appropriate orders thereon, within a time frame to be fixed by this Court.

4. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the (*)fifth respondent's proposal dated 28.11.2024 on its own merits and in accordance with law and to pass appropriate orders within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. Sd/- 02/07/2025 (*)Corrected as per order of this Court dated 22/07/2025 made in WP(MD)No. 17751 of 2025 Sd/- Assistant Registrar (CS II) // True Copy // / /2025 Sub Assistant Registrar(CS) Sm 3/4

To:- (*)To be substituted the order which already despatched on 21/07/2025

1. The Principal Secretary, State of Tamil Nadu , Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai.

2. The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Whennals Road, Egmore, Chennai.

3. The Deputy Inspector General of Prison and Correctional Services, Office of DIG Prisons, Madurai Range, Madurai.

4. The Superintendent of Prison, Madurai Central Prison, Madurai.

+1 CC to M/s.SPL GP ( SR-39582[F] dated 03/07/2025 ) +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-45570[F] dated 23/07/2025 ) W.P.(MD) No.17751 of 2025 02.07.2025 JJ/ 18.07.2025 4 P/6 C MGJ 06/08/2025 4 P/7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4