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Madras High CourtWP(MD)/18713/2019allowed

S.Duraisamy v. The State Of Tamilnadu

2022-04-26Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No. 18713 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No. 18713 of 2019 S.Duraisamy ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Secretary to Government, Animal Husbandry, Dairying &Fisheries Department, Fort St.George, Chennai - 600 009.

2.The Commissioner/Director of Fisheries, Office of the Director of Fisheries, Integrated Campus for Animal Husbandry and Fisheries, Nandanam, Chennai - 600 035.

3.The Assistant Director of Fisheries, Pudukkottai Division, Pudukkottai District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to calculate the services of the Petitioner from the date of original appointment on 1.12.1983 till 30.06.2017 for the purpose of payment of pensionary benefits and further to direct the respondents to pay the arrears of pension within the time stipulated by this Court. For Petitioner : Mr.D.Sivaraman For Respondents : Mr.A.K.Manickam Special Govt.Pleader

ORDER

The relief sought for in the writ petition is to direct the respondents to calculate the services of the Petitioner from the date of original appointment on 01.12.1983 till 30.06.2017 for the purpose of payment of pensionary benefits and further to direct the respondents to pay the arrears of pension within the time stipulated by this Court.

2.The learned Special Government Pleader appearing for the respondents furnished a copy of the proposal sent by the Director of Fisheries to the Principal Secretary to Government, Animal Husbandry Dairy and Fisheries Department. In the said proposal, the name of the petitioner S.Duraisamy has also been included and the Director of Fisheries made a recommendation to grant the benefit by extending https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No. 18713 of 2019 the service period already rendered by the employees. 3.In view of the fact that the Director of Fisheries has already submitted a proposal in favour of the petitioner to the Government for passing appropriate orders, it would suffice, if a direction is issued to the first respondent to pass final order thereon.

4.Considering the fact that the issues are pending for a long time, the first respondent is directed to consider the proposal submitted by the Director of Fisheries in proceedings No.Na.Ka.No.24434/S3/2017, dated 05.03.2018 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Secretary to Government, State of Tamil Nadu, Animal Husbandry, Dairying &Fisheries Department, Fort St.George, Chennai - 600 009.

2.The Commissioner/Director of Fisheries, Office of the Director of Fisheries, Integrated Campus for Animal Husbandry and Fisheries, Nandanam, Chennai - 600 035.

3.The Assistant Director of Fisheries, Pudukkottai Division, Pudukkottai District.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-21627[F] dated 27/04/2022 ) ORDER MADE IN W.P.(MD)No. 18713 of 2019 26.04.2022 RS (01.06.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2