Ayyappan E v. The Accountant General (A And E)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA E.Ayyappan ... Petitioner vs.

1.The Accountant General (A & E) No.361, Anna Salai, Chennai.

2.The Deputy Accountant General (Pension) No.361, Anna Salai, Chennai.

3.The Deputy Inspector General of Registration, Coimbatore Region, Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to pay the revised pension amount of Rs. 13380/- to the petitioner every month instead of Rs. 13155/- and pay the arrears amount in the light of the proceedings made in Na.Ka.No. 222/A1/2018 dated 28.03.2018 of the 3rd respondent by considering the representation dated 16.11.2023 within the stipulated time.

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For Petitioner :

Mr.P.Prithviraj For Respondents :

Mr.B.Saravanan Additional Government Pleader for R2 and R3 Mr.G.Karthik Standing Counsel for R1

O R D E R

The petitioner herein, who retired as a District Registrar on 30.06.2011, had given a representation dated 16.11.2023 to the second respondent seeking to pay revised pension amount of Rs.13,380/- and also the arrears to him. Since the said representation was not considered, the present writ petition has been filed.

2. It is needless to point out that whenever a representation of this nature is made to a Government Authority, there is a duty cast upon them to consider the same on their own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the Authority had prompted the petitioner to file this petition seeking relief through issuance of writ of mandamus. As the petitioner has made out a case for invoking the extraordinary powers of 2/5

this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.

3. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 16.11.2023 on their own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on their own merits.

4. With the above direction, the Writ Petition stands disposed of. No costs.

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To 1.The Accountant General (A & E) No.361, Anna Salai, Chennai.

2.The Deputy Accountant General (Pension) No.361, Anna Salai, Chennai.

3.The Deputy Inspector General of Registration, Coimbatore Region, Coimbatore.

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R.N.MANJULA, J.

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