A. Karunanithi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.24383 of 2024 and W.M.P.(MD)No.20704 of 2024 A.Karunanithi ... Petitioner -vs1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600009.
2.The Director of Municipal Administration, Chepauk, Chennai - 600005.
3.The Commissioner, Thuraiyur Municipality, Trichy.
4.The Director of Local Fund Audit, O/o. the Local Fund Audit, Combined Finance Department Complex, Nandanam, Chennai - 600035.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to consider the petitioner's representation dated 01.03.2024 and to submit the Petitioner's 1/4
Pension Proposals with the 4th respondent as per orders of the 1st respondent made in Government Letter No. 3 (Pa) No. 02, dated 08.03.2023 and to grant all retirement benefits due to the Petitioner within stipulated time may be fixed by this Court with all attendant and monetary benefits with arrears of pay.
For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.S.Shanmugavel (R1, R2 & R4) Additional Government Pleader Mr.K.R.Kishore Ram (R3) Standing Counsel
ORDER
The instant Writ Petition has been filed by a retired employee of the third respondent Municipality seeking a mandamus to consider his representation dated 01.03.2024 for the purpose of enrolling the petitioner's name in the old pension scheme as per the Government Letter No. 3 (Pa) No. 02, dated 08.03.2023 issued by the first respondent. Since the representation has not been considered till date, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1, 2 and 4 and the Standing Counsel appearing for the third respondent. 2/4
3. Considering the fact that the petitioner has retired from service in the year 2012 and his grievance is that he is entitled to get benefits under the old pension scheme, this Court is inclined to direct the third respondent to consider the representation of the petitioner dated 01.03.2024 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
16.10.2024 NCC : Yes/No Index : Yes / No sm 3/4
R.VIJAYAKUMAR, J.
sm To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600009.
2.The Director of Municipal Administration, Chepauk, Chennai - 600005.
3.The Commissioner, Thuraiyur Municipality, Trichy.
4.The Director of Local Fund Audit, O/o. the Local Fund Audit, Combined Finance Department Complex, Nandanam, Chennai - 600035.
Order made in W.P.(MD)No.24383 of 2024 Dated:
16.10.2024 4/4