Madras High CourtWP(MD)/7540/2016disposed of

R.Subbaraju, v. The Secretary To Government

2016-04-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.7540 of 2016 R.Subbaraju ... Petitioner Vs.

1.The Secretary to Government, Education Department, Secretariat, Chennai - 600 009.

2.The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.

3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent ie., the Secretary to Government, Education Department, Chennai to pass appropriate orders on the petitioner's representation, dated 03.01.2016 regarding sanction of compounding interest for the belated payment of DCRG under Rule 45A of the Pension Rules from 01.07.2011 to 16.07.2014 and other retirement benefits within a stipulated time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.V.Muruganandham, Additional Government Pleader

ORDER

Mr.V.Muruganandham, learned Additional Government Pleader takes notice for the respondents.

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

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3. The petitioner seeks for a Mandamus directing the first respondent to pass appropriate orders on the petitioner's

representation, dated 03.01.2016 regarding sanction of compounding interest for the belated payment of DCRG under Rule 45A of the Pension Rules from 01.07.2011 to 16.07.2014 and other retirement benefits within a stipulated time.

4. The case of the petitioner is that he was serving as Driver in the respondent Department and retired from service on 30.06.2011. The petitioner received all the retirement benefits, but belatedly. Hence, he has made representation to the first respondent on 03.01.2016 claiming interest for the belated payment. The same is said to be pending. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the limited scope of the prayer made in this Writ Petition, without expressing any opinion on the merits of the claim made by the petitioner, the first respondent is directed to consider the representation of the petitioner, dated 03.01.2016 and pass appropriate orders on the same, on merits and in accordance with law, within a period of six 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(CS-I) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Education Department, Secretariat, Chennai - 600 009.

2.The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006. 3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District.

+one cc to M/s.S.Visvalingam, Advocate in SR.No.21738 +one cc to The Special Government Pleader in SR.No. 22516 pm CSL/GSV-MP/10.05.2016 : 2p/6c W.P(MD)No.7540 of 2016 20.04.2016 https://hcservices.ecourts.gov.in/hcservices/