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Madras High CourtWP(MD)/10053/2014disposed of

S. Arumugham, v. The Government Of Tamil Nadu

2019-11-04Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR S.Arumugham :Petitioner vs.

1.The Government of Tamil Nadu, represented by its Secretary, Finance Department, Secretariat, Chennai - 600 009.

2.The Government of Tamil Nadu, represented by its Secretary, The Department of Collegiate Education, Chennai - 600 006.

3.The Government of Tamil Nadu, represented by its Secretary, The Department of Tamil Development Endowment and Culture, Chennai - 600 006.

4.The Vice Chancellor, Tamil University, Tirchirappalli -Thanjavur Road, Thanjavur District.

5.The Registrar, Tamil University, Thanjavur.

:Respondents PRAYER:

Writ Revision Petition filed under Article 226 of Constitution of India, praying to issue Writ of Mandamus, to direct the respondents 4 and 5 to issue the petitioner all pensionary benefits and other consequential benefits on the basic pay scale of Rs.32,810/- per month, ie., as per the last scale of pay fixed by the last pay commission/6th pay commission with 12% interest per annum from 30.07.2013 till making payment and also consequently to direct the respondents 4 and 5 to pay the petitioner a sum of Rs.1,00,000/- (Rupee One Lakh) as compensation for causing delay in payment by considering the petitioner's representation, dated 20.05.2014.

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For Petitioner : Mr.R.Suresh Kumar For R1 to R3 : Mr.D.Muruganandam Additional Government Pleader For R4 and R5 : Mr.M.Senthil Kumar

ORDER

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus to direct the respondents to pay all the pensionary and other consequential benefits on the basis of his representation, dated 20.05.2014.

2.Though the Writ Petition is filed for issuance of a Writ of Mandamus to give positive direction to the respondents, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the respondents to consider the representation of the petitioner and pass appropriate order within the time stipulated by this Court.

3.Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following direction:- "The respondents 4 and 5 are directed to consider the petitioner's representation dated 20.05.2014 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.: 4.Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS ) cmr To

1. The Secretary, The Government of Tamil Nadu, Finance Department, Secretariat, Chennai - 600 009.

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2. The Secretary, The Government of Tamil Nadu, The Department of Collegiate Education, Chennai - 600 006.

3. The Secretary, The Government of Tamil Nadu, The Department of Tamil Development Endowment and Culture, Chennai - 600 006.

+1 CC to M/s.M. SENTHILKUMAR, Advocate SR-96019. +1 CC to M/s.R.SURESH KUMAR, Advocate (SR-96031. +1 CC to SPL GP SR-96081.

04.11.2019 CS(21.11.2019) 3P 7C 3/3