Saroja K v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.23139 of 2021 K.Saroja ... Petitioner /vs./ 1.The Commissioner, The Office of Commissioner of Rehabilitation and Welfare of Non Resident Tamils, Chepakkam, Chennai - 5.

2.The Special Deputy Collector (Rehabilitation), Mandapam Camp, Ramanathapuram District.

3.The Principal Accountant General (A&E), Office of Account General, 361, Anna Salai, Chennai - 18.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to drop the disciplinary proceedings against the petitioner and to settle all her benefits, including retirement/pension benefits after regularizing her suspension period, with 12 percentage interest and within the period as may be fixed by this Court.

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For Petitioner : Mr.S.Arunachalam For Respondents : Mr.G.Suryananth Additional Government Pleader (For R1 & R2) No appearance (for R3)

ORDER

This writ petition has been filed to drop the disciplinary proceedings against the petitioner and to settle her terminal benefits, after regularizing her suspension period, with 12 percentage interest. 2.When the second respondent herein had sent a proposal seeking for approval of the first respondent to pay the terminal benefits on the ground that the departmental action has already been dropped against the petitioner herein, through his/her proceedings dated 23.08.2021, the first respondent herein, in his/her reply dated 23.11.2021, had authorized the second respondent to take a decision by themselves. As such, there is no impediment on the part of the second respondent herein to disburse the terminal benefits to the petitioner herein. 2/4

3.In the light of the above observations, there shall be a direction to the petitioner to give a fresh representation to the second respondent, though she has made a representation, dated 19.02.2021, seeking for her terminal benefits and on receipt of such representation, the second respondent herein shall consider the same, on its own merits and in the light of the observations made by this Court and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of such representation. 4.With the above direction, the Writ Petition stands disposed of. No costs. 23.08.2022 Index : Yes / No Internet : Yes / No sm 3/4

M.S.RAMESH, J.

Sm TO:

1.The Commissioner, The Office of Commissioner of Rehabilitation and Welfare of Non Resident Tamils, Chepakkam, Chennai - 5.

2.The Special Deputy Collector (Rehabilitation), Mandapam Camp, Ramanathapuram District.

Order made in W.P.(MD)No.23139 of 2021 Dated:

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