Chandrasekar .R v. The Tamil Nadu State Level Scrutiny Committee Ii
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Twenty Fifth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE J.NISHA BANU AND The HONOURABLE MRS. JUSTICE S.SRIMATHY WP(MD). No.22367 of 2022 R. Chandrasekar ... Petitioner Vs 1 The Tamil Nadu State Level Scrutiny Committee II, Through its Chairman Adi Dravidar and Tribal Welfare Department, Secretariate, Chennai 600 009 2 Uco Bank Through its Deputy General Manager, Zonal Office, No.328 Thambu Chetty Street, Chennai 600 001.
... Respondents Prayer :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorari calling for the records relating to the impugned proceedings dated 17.06.2022 in Proceedings No. 16041/CV-2/ 2012-2013 of the first respondent and quash the same.
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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. V.R. Shanmuganathan, Advocate for the Petitioner and of Mr. J. Ashok, Additional Government Pleader for the 1st respondent, Mr. K. Periasamy, Advocate for the 2nd respondent, this Court made the following order: 'The matter is listed today under the caption "for being mentioned", at the instance of the learned counsel appearing for the petitioner. 2.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and Mr.K.Periasamy, learned counsel appearing for the second respondent. 3.The learned counsel appearing for the petitioner would submit that in paragraph No.2 of the order dated 20.02.
2025 made in W.P(MD)No.22367 of 2022, instead of 'the Tahsildar, Kumbakonam' it has been wrongly mentioned as 'the Tahsildar, Dindigul'. Further stated that though the writ petitioner attained the age of superannuation and retired on 31.05.2020, his terminal benefits were not disbursed to him. Therefore, prayed to direct the authority concerned to disburse the terminal benefits to the petitioner, within a time frame to be fixed by this Court. 4.In view of the said submission, paragraph No.2 of the order, dated 20.02.2025 made in W.P(MD)No.22367 of 2022, "the Tahsildar, Dindigul" shall stand modified as "the Tahsildar, Kumbakonam".
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5.Further, paragraph No.6 of the order, dated 20.02.2025 made in W.P (MD)No.22367 of 2022, shall be modified as follows: "6. Considering the facts and circumstances of the case and in the light of the above decision of the Hon'ble Apex Court, we are inclined to set aside the impugned proceedings. Accordingly, the impugned proceedings dated 17.06.2022 of the 1st respondent is hereby set aside and the Writ Petition stands allowed. Since the petitioner attained the age of superannuation and retired from service on 31.05.2020, the petitioner is entitled to the terminal benefits, for which, he is entitled to and the same shall be disbursed to the petitioner by the authority concerned within a period of five weeks from the date of receipt of a copy of this order. However, it is made clear that if the petitioner claims community certificate for his children based on his community certificate, then necessarily, the petitioner's community certificate has to be tested by the respondents. No costs. Consequently, connected miscellaneous petition is closed."
6. Registry is directed to issue fresh order copy with the above said modification in the Writ Petition.'
Sd/- Assistant Registrar(CS II) // True Copy // /04/2025 Sub Assistant Registrar (CS - I/ II / III /IV) 3/4
TO The Chairman, Tamil Nadu State Level Scrutiny Committee II, Adi Dravidar and Tribal Welfare Department Secretariate Chennai 600 009.
Copy to:
The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai + 1c.c to M/s. VR. Shanmuganathan, Advocate SR.No.11182. + 1.c.c. To M/s. PT.S. Narendravasan, Advocate SR.No.11283. + 1.c.c. To Govt. Pleader SR.No.11603.
ORDER DATED : 25/03/2025 ==========================
ORDER
========================== WP(MD). No.22367 of 2022 Giving direction and etc.
as stated within.
MGJ/05.04.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4