Dr.Seeni Oli Mohamed v. The Principal Secretary To Government
W.P.(MD)No.22963 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.22963 of 2019 Seeni Oli Mohamed ... Petitioner Vs.
1.The Principal Secretary to Government Health and Family Welfare Department Fort St. George, Chennai 600 009.
2.The Director of Medical and Rural Health Services, Chennai 600 006.
3.The Project Officer, Tamil Nadu Health System Project DMS Annexe Building, Tenampet Chennai 600 006.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to grant the petitioner all pensionary benefits forthwith with admissible interest within a specific time as fixed by this Court. For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.D.Sadiq Raja Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the respondents to grant the pensionary benefits to the writ petitioner.
2.The learned Additional Government Pleader brought to the notice of this Court that the petitioner was imposed with the punishment of compulsory retirement by the Government in G.O.(D) No.417 Health and Family Welfare Department dated 09.03.2016. Pursuant to the punishment of compulsory retirement, the Government issued the consequential order in G.O.(D) No.702 Health and Family Welfare Department dated 24.04.2018. Regarding settlement of pensionary benefits as per the punishment of compulsory retirement, the learned Additional Government Pleader made a submission that pursuant to the Government order, the petitioner has not submitted https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.22963 of 2019 any pension proposal. Therefore, the authorities competent are unable to sanction the same. Thus, there is no wilful delay in sanctioning the pension. The counter affidavit filed by the respondent also reveals that the petitioner has not submitted pension proposal and there is no wilful delay in sanctioning the pensionary benefits to the petitioner and therefore, payment of interest for belated payment does not arise.
3. In view of the facts and circumstances, the petitioner is at liberty to submit the pension proposal along with all necessary documents to the competent authority and in the event of submitting any such pension proposal, the competent authority shall consider the same and take a decision and pass orders on merits as expeditiously as possible.
4. The writ petition stands disposed of. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To:
1.The Principal Secretary to Government Health and Family Welfare Department Fort St. George, Chennai 600 009.
2.The Director of Medical and Rural Health Services, Chennai 600 006.
3.The Project Officer, Tamil Nadu Health System Project DMS Annexe Building, Tenampet Chennai 600 006.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-22049[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22079[F] dated 28/04/2022 ) W.P.(MD)No.22963 of 2019 27.04.2022 RD(16.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2