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Madras High CourtWP(MD)/18752/2020disposed of

S. Chandrasekar v. The Commissioner

2020-12-18Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)Nos.15667, 15669 and 15670 of 2020 S.Chandrasekar

...Petitioner

Vs 1.The Commissioner, Office of the Madurai Corporation, Thallakulam, Madurai.

2.The Education Officer, Madurai Corporation, Thallakulam, Madurai.

3.The Account Officer, Pay and Account Office, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned order of suspension made in Na.Ka.No.A1/023308/19, dated 30.11.2019 passed by the first respondent and quash the same and to direct the respondents to pay all retirement and consequential benefits.

For Petitioner : Mr.R.Saravanan For R1 and R2 : Mr.R.Murali For R3 : Mr.M.Karuppasamy Government Advocate

ORDER

This Writ Petition is filed to quash the impugned order of suspension made in Na.Ka.No.A1/023308/19, dated 30.11.2019 passed by the 1st respondent and to direct the respondents to pay all retirement and consequential benefits to the petitioner. 2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.Though the writ petition is filed for a larger relief seeking issuance of a Writ of Certiorarified Mandamus, to call for the records relating to impugned order of suspension made in Na.Ka.No.A1/023308/19, dated 30.11.2019 passed by the 1st respondent and quash the same and to direct the respondents to pay all retirement and consequential benefits, the learned counsel appearing for the petitioner in the course of his argument, restricted the 1/3

relief for issuing a direction to the respondents to consider and pass appropriate orders on the petitioner's representation, dated 07.10.2020 for subsistence allowance.

4.Mr.R.Murali, who accepts notice on behalf of the respondents 1 and 2, would submit that if the petitioner produces all the relevant documents, his representation, dated 07.10.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5.For the aforesaid submission, the learned counsel appearing for the petitioner would submit that the petitioner is ready and willing to produce all the relevant documents as sought for by the respondents.

6.Recording the submission made by the learned counsel on either side, this Court is inclined to pass the following directions:- i) the petitioner is directed to submit all the relevant documents as sought for by the respondents, within a period of two weeks from the date of receipt of a copy of this order; ii) on receipt of such documents within the time stipulated by this Court, the 1st respondent is directed to consider the same and pay the subsistence allowance to the petitioner, as per the entitlement, within a period of four weeks therefrom; and iii) it is open to the petitioner to make any representation before the respondents seeking provident fund, gratuity and all other benefits payable to the petitioner, if he is so advised; 7.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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. 2/3

To The Account Officer, Pay and Account Office, Madurai.

+1 CC to M/s C.G.Pathanaraj,Advocate,in SR.No.26861. +1 CC to M/s R.Saravanan,Advocate,in SR.No.26413. +1 CC to M/s R.Murali,Advocate,in SR.No.26550. +1 CC to Special Government Pleader SR.No.26620. 18.12.2020 (ES)CO AP(18/01/2021) 3 P 6C 3/3