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Madras High CourtWP(MD)/7777/2015disposed of

S.Paramasivam, v. The Govt. Of Tamil Nadu Rep.

2019-07-10Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.7777 of 2015 S.Paramasivan ... Petitioner -Vs1.The Government of Tamil Nadu Rep. by its Sercretary to P.W.D (C-2) Department, Fort St. George, Chennai-9.

2.The Engineer-in-Chief, Water Resources Organization, Public Works Department, Chepauk, Chennai-600 005.

3.The Chief Engineer, Public Works Department, Water Resources Organization, Madurai Region, Madurai.

4.The Executive Engineer, Water Resources Organization, Upper Vaippar Basin Circle, Rajapalayam, Virudhunagar District.

5.The Superintending Engineer, Public Works Department, Water Resources Organization, Upper Vaippar Basin Circle, Virudhunagar District.

6.The Assistant Executive Engineer, Public Works Department, Water Resources Organization, Upper Vaippar Basin Circle, Sriviliputhur, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits and all other attendant benefits after carrying out the necessary changes with respect to his employment particulars as referred in the 5th respondents letter No.970/2009/Aa6/2334/2011 dated 30.09.2011 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.D.Malaichamy For Respondents : Mr.S.Dhayalan Government Advocate

ORDER

The relief sought for in the present writ petition is for a direction to direct the respondents to settle the petitioner's retirement benefits and all other attendant benefits after carrying out the necessary changes with respect to the employment particulars as referred in the 5th respondent's letter No.970/2009/Aa6/2334/2011 dated 30.09.2011 2.The learned counsel appearing on behalf of the writ petitioner states that he was appointed as Watchman and thereafter his services were regularized in the sanctioned post. The writ petitioner was allowed to retire on 31.10.2011. However, his terminal and pensionary benefits are yet to be settled by the respondents.

In this regard, it is contended that certain mistakes and errors were committed in the pension proposals and on account of the errors in respect of the service particulars, there was a delay in settling pension to the writ petitioner. In this regard, the fifth respondent send a communication on 30.09.2011. 3.The learned Government Advocate appearing on behalf of the respondents brought to the notice of this Court that pursuant to the proposal, corrections were made and a revised proposal has already been sent to the competent authorities for sanction of pension. In view of the fact that the revised proposal has already been sent for re-consideration and grant of terminal and pensionary benefits to the writ petitioner.

The respondents are directed to expedite the proposal and take a decision and pass orders as expeditiously as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order. 4.With this direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) sji/am To 1.The Sercretary to P.W.D (C-2) Department, Government of Tamil Nadu Fort St. George, Chennai-9.

2.The Engineer-in-Chief, Water Resources Organization, Public Works Department, Chepauk, Chennai-600 005.

3.The Chief Engineer, Public Works Department, Water Resources Organization, Madurai Region, Madurai.

4.The Executive Engineer, Water Resources Organization, Upper Vaippar Basin Circle, Rajapalayam, Virudhunagar District.

5.The Superintending Engineer, Public Works Department, Water Resources Organization, Upper Vaippar Basin Circle, Virudhunagar District.

6.The Assistant Executive Engineer, Public Works Department, Water Resources Organization, Upper Vaippar Basin Circle, Sriviliputhur, Virudhunagar District.

+1cc to Mr.D.Malaichamy, Advocate in SR.74631 +1cc to the Special Government Pleader in SR.74765 W.P.(MD).No.7777 of 2015 10.07.2019 PBK (18.07.2019) 3P : 9C