R. Rajagopal v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25343 of 2024 R.Rajagopal ... Petitioner -vs1.The Commissioner, Fisheries and Fisherman Welfare Department, Nandanam, Chennai-600 035.
2.The Joint Director, Fisheries and Fisherman Welfare Department, Nagapattinam Region, Nagapattinam.
3. The Assistant Director, Fisheries and Fisherman Welfare Department, Thiruvarur.
4. The Assistant Director, Fisheries and Fisherman Welfare Department, Thanjavur.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 2 and 3 to compute the half of the petitioner service rendered on temporary basis for the purpose 1/4
of calculating pension and sent a new proposal to the Accountant General of Tamil Nadu as per the proceedings of the 1st Respondent in Na.Ka.No. 18613/S4/2019 dated 15.09.2023 and the proceedings in Na.Ka.No. 18613/S4/2019 dated 12.07.2024 within a reasonable time stipulated by this Court.
For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.D.Sasikumar Additional Government Pleader *****
O R D E R
The instant writ petition has been filed by a retired fisherman seeking a mandamus to direct the second and third respondents to compute 50% of service rendered on temporary basis for the purpose of calculating pension and send a revised proposal to the Accountant General of TamilNadu.
2. A perusal of the records reveals that the 3rd respondent has addressed a communication to the Accountant General of TamilNadu office on 22.06.2022, recommending the case of the writ petitioner for calculating 50% of service rendered on temporary basis. Thereafter, a detailed order has been 2/4
passed by the first respondent on 15.09.2023 followed by a reminder on 12.01.2024 to the 3rd respondent that he should sent a detailed proposal to the Accountant General of TamilNadu office by taking into consideration of 50% of the temporary service of the writ petitioner after updating the service records. However, so far the 3rd respondent has not forwarded any proposal to the office of the Accountant General of TamilNadu.
3. In view of the above said circumstances, the 3rd respondent is directed to comply with the directions issued by the first respondent dated 15.09.2023 and 12.01.2024 and forward the revised pension proposal of the writ petitioner to the office of the Accountant General of Tamilnadu within a period of twelve (12) weeks from the date of receipt of a copy of this order.
4. With the above said observations, this writ petition is disposed of. No costs.
22.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To 1.The Commissioner, Fisheries and Fisherman Welfare Department, Nandanam, Chennai-600 035.
2.The Joint Director, Fisheries and Fisherman Welfare Department, Nagapattinam Region, Nagapattinam.
3. The Assistant Director, Fisheries and Fisherman Welfare Department, Thiruvarur.
4. The Assistant Director, Fisheries and Fisherman Welfare Department, Thanjavur.
W.P(MD)No.25343 of 2024 22.11.2024 4/4