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Madras High CourtWP(MD)/18702/2019allowed

K.Packiyam (Died) v. The State Of Tamilnadu

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

W.P.(MD)No.18702 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.18702 of 2019 and W.M.P(MD)No.23327 of 2019 K.Packiyam ... 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, Madurai.

... 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's husband from the date of his original appointment on 19.03.1983 till 6.3.2007 including the services rendered by the Petitioner in Fish Farmers Development Agency for the purpose of pensionary benefits and further to direct the respondents to pay the arrears of family 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's husband from the date of his original appointment on 19.03.1983 till 6.3.2007 including the services rendered by him in Fish Farmers Development Agency, for the purpose of pensionary benefits and further to direct the respondents to pay the arrears of family pension.

2.The learned Special Government Pleader appearing for the respondents furnished a copy of the proposal sent by the Director of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18702 of 2019 Fisheries to the Principal Secretary to Government, Animal Husbandry Dairy and Fisheries Department. In the said proposal, the name of the husband of the petitioner Late A.Karuppaiah has also been included and the Director of Fisheries made a recommendation to grant the benefit by extending 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. Consequently, connected miscellaneous petition is closed. 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, Madurai.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-21628[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21840[F] dated 27/04/2022 ) ORDER MADE IN W.P.(MD)No.18702 of 2019 and W.M.P(MD)No23327 of 2019 26.04.2022 RS (01.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2