Jagajothi.M v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Jagajothi ... Petitioner versus

1. State of Tamil Nadu Rep. by its Principal Secretary to Government., Rural Development (E6) Department, Fort St.George, Chennai-600 009.

2. The Director, Rural Development and Panchayat Raj Department, Government of Tamil Nadu, Panagal Building, Saidapet Chennai-600 015.

3. The District Collector, Perambalur District, Perambalur.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the respondents to consider petitioners representation dated 25.09.2021 and to disburse of interest on arrears of retirement benefits such as pension, commutation and leave salary at appropriate rates within stipulated time limit. For Petitioner : Mr.B.Sathish Sundar For Respondents : Mr.R.Suresh Kumar Government Advocate(Civil)

ORDER

This Writ Petition is filed for a mandamus directing the respondents to consider the petitioner's representation dated 25.09.2021 and to disburse the interest on arrears of retirement benefits such as pension, commutation and leave salary.

2. The learned counsel for the petitioner submits that the petitioner is a retired employee aged about 83 years. He was initially suspended for certain charges and thereafter he has been removed from service. On the intervention of this Court, further enquiry was conducted and he had been exonerated from the charges and he is settled with pensionary benefits. He would further 1/3

submit that though the petitioner retired in the year 1996, the retirement benefits have been provided to the petitioner only during the year 2020 and he is entitled for interest for the belated payment. He would further submit that he has sent several representations to the second respondent, which has not been considered , therefore he had approached this Court with the present writ petition.

3. Since the petitioner has been exonerated from all the charges and that he was settled with all the retirement benefits and other benefits and now he is at the age of 83 years , this Court without expressing anything on the merits of the claim made by the petitioner, dispose of the Writ Petition with a direction to the second respondent to consider the representation of the petitioner dated 25.09.2021 on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) aav Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. Prinicipal Secretary to Govt., State of Tamil Nadu Rural Development (E6) Department, Fort St.George, Chennai-600 009.

2. The Director, Rural Development and Panchayat Raj Department, Government of Tamil Nadu, Panagal Building, Saidapet Chennai-600 015.

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3. The District Collector, Perambalur District, Perambalur.

+1 CC to M/s.SPL.GP ( SR-34112[F] dated 11/11/2021 ) 10.11.2021 SE(CO) RS/SKN (19.11.2021) 3P 5C 3/3