Madras High CourtWP(MD)/20140/2016allowed

K.Sukumaran v. The District Collector

2019-07-11Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.20140 of 2016 K.Sukumaran ... Petitioner -Vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Principal Accountant General (A & E), 361, Anna Salai, Teynampet, Chennai.

3.The Revenue Divisional Officer, Cheranmahadevi Division, Tirunelveli District.

4.The Tahsildar, Agastheewaran Taluk, Kanyakumari District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to disburse the petitioner's pension with arrears from the date of petitioner's retirement (ie.,) 31.03.2013 with interest by considering the petitioner's representation dated 27.09.2016.

For Petitioner : Mr.K.Viralinathan For R1, R3 and R4 : Mr.K.Mu.Muthu, Additional Government Pleader.

For R2 : Mr.P.Gunasekaran

ORDER

The relief sought for in the present Writ Petition is to direct the respondents to disburse the writ petitioner's pension with arrears from the date of retirement of the writ petitioner i.e., on 31.03.2013 with interest by considering the writ petitioner's representation dated 27.09.2016. 2.This Court has allowed the Writ Petition filed by the writ petitioner in W.P.(MD)No.17261 of 2013 by order dated 11.07.2019. In view of the fact that entitlement of the writ petitioner for grant of pension is upheld by this Court and the respondents were directed to settle the pension by calculating the period of service https://hcservices.ecourts.gov.in/hcservices/

rendered by the writ petitioner in the post of Village Assistant from 01.06.1995, the writ petitioner is entitled for interest for the payment of terminal and retiral benefits. 3.Accordingly, the respondents are directed to settle the pension as directed in W.P.(MD)No.17261 of 2013 and consequently, calculate the interest as applicable with reference to the rules and Government Orders in force. Such an exercise of settling the interest along with pensionary benefits is to be done, within a period of twelve weeks from the date of receipt of a copy of this order.

4.With these directions, this Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi Division, Tirunelveli District.

3.The Tahsildar, Agastheewaran Taluk, Kanyakumari District.

+1 CC to M/s.K.VIRALINATHAN, Advocate ( SR-74923[F] dated 12/07/2019 ) +1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-75018[F] dated 12/07/2019 ) W.P(MD)No.20140 of 2016 11.07.2019 (2/2) MYR KK/SAR/22.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/