Madras High CourtWP(MD)/3761/2016disposed of

P.Chandrasekar, v. The Principal Chief

2016-02-23Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.3761 of 2016 P.Chandrasekar ... Petitioner Vs.

1.The Principal Chief Conservator of Forest, Panagal Maaligai, Saidapet, Chennai - 600 015.

2.The Conservator of Forest, Dindigul Circle, Dindigul.

3.The District Forest Officer, Dindigul District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay subsistence allowance to the petitioner from 18.02.2015 by considering the petitioner's representation, dated 10.09.2015.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.M.Murugan, Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioner seeks for a Mandamus directing the respondents to pay subsistence allowance to the petitioner from 18.02.2015 by considering the petitioner's representation, dated 10.09.2015.

4. The case of the petitioner is that though he attained the age of superannuation, he was not allowed to retire and was placed under suspension. As he is not allowed to retire on the date of superannuation and kept under continued suspension, his subsistence allowance is to be paid as per Law. https://hcservices.ecourts.gov.in/hcservices/

5. Admittedly, the petitioner has not been paid the subsistence allowance and for which, the petitioner has made a

representation on 10.09.2015 before the third respondent and the same is said to be still pending.

6. Considering the above stated facts and circumstances of the case, without going into the merits of the case, the third respondent is directed to consider the representation of the petitioner, dated 10.09.2015, and pass orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Principal Chief Conservator of Forest, Panagal Maaligai, Saidapet, Chennai - 600 015.

2.The Conservator of Forest, Dindigul Circle, Dindigul.

3.The District Forest Officer, Dindigul District.

+One cc to The Special Government Pleader, SR.No.10492 +One cc to Mr.V.Panneer Selvam, Advocate, SR.No.10635 pm RL/6C/NGM/SS/3/3/2016 W.P(MD)No.3761 of 2016 23.02.2016 https://hcservices.ecourts.gov.in/hcservices/