V.Ramaiah v. The District Collector,Dindigul District,Dindigul.2.The Tahsildar,Athoor

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 23.01.2012CORAM:THE HONOURABLE Mr.JUSTICE K.RAVICHANDRA BAABUW.P.(MD)No.13391 of 2011V.Ramaiah...PetitionerVs.

The District Collector, Dindigul District, Dindigul.

The Tahsildar, Athoor Taluk, Athoor, Dindigul District....RespondentsPrayer: Petition filed under Article 226 of the Constitution of Indiapraying for the issuance of a Writ of Mandamus, directing the respondents to pay the retirement benefits viz., pension and DCRG to the petitioner with 18% interest thereof from the date of retirement,i.e., from 16.05.2011 within a time frame that may be stipulated by this Court. For Petitioner: Mr.R.R.KannanFor Respondents: Mr.R.Karthikeyan, AGPO R D E RThe petitioner has filed the Writ petition seeking for amandamus, directing the respondents to pay the retirement benefits to the petitioner with 18% interest from the date of his retirement. 2. The case of the petitioner is that he joined in the Government service on 01.02.1984 in the Revenue Department and he had been made to compulsorily retire by the 2nd respondent on 16.05.2011.Though the 2nd respondent had paid a sum of Rs.14,666/- towardsSpecial Provident Fund cum Gratuity and Rs.1,81,324/- towards GeneralProvident Fund from the office of the Accountant General, his retirement benefits viz., pension and DCRG were not paid to him sofar. In spite of his repeated request made to the respondents, they have not disbursed the same.

On the other hand, the petitioner has received acommunication from the Principal Accountant General (A&E), Chennaidated 03.10.2011 directing the Treasury Officer, Dindigul to pay pension of Rs.7,461/- per month and pay a sum of Rs.3,37,986/-towards DCRG to the petitioner. In spite of the said communication of the Principal Accountant General, Chennai, the 2nd respondent did not release the terminal benefits to the petitioner. However, by acommunication dated 15.10.2011 the 2nd respondent informed that he has sought for clarification from the 1st respondent for settling the https://hcservices.ecourts.gov.in/hcservices/ 2retirement benefits. Therefore, the petitioner has made arepresentation to the 1st respondent on 09.11.2011 requesting him to release his terminal benefits. Though the said representation was duly received by the 1st respondent on 11.11.2011, till this date the same were not disbursed to the petitioner. Therefore, the presentWrit petition has been filed.

Notice of motion was ordered by this Court 04.11.2011 and the respondents entered appearance through the learned AdditionalGovernment Advocate.

On instruction from the respondents, the learned AdditionalGovernment Pleader states that since the petitioner's retirement wasa compulsory retirement as a penalty, they have to get clearance from the Government for releasing the pension and other benefits. Therefore, they are awaiting the orders from the Government.

Admittedly, the petitioner has already approached the 1strespondent by way of his representation dated 09.11.2011 seeking to release his retirement benefits before whom the 2nd respondent has already sought for clarification for the release of the pension benefits to the petitioner. Therefore, I direct the 1st respondent to consider the petitioner's representation dated 09.11.2011 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of the order. The Writpetition is ordered accordingly. No costs. Sd/- Assistant Registrar(AE)/True Copy/Sub Assistant RegistrarTo1.The District Collector, Dindigul District, Dindigul. 2. The Tahsildar, Athoor Taluk, Athoor, Dindigul District.+1cc to Mr.R.R.Kannan, Advocate, Sr.No.1820+one cc to Special Government Pleader, Sr.No.2010W.P.(MD)No.13391 of 201123.01.2012nbjsma/30.1.2012/5c/2p