1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10796 of 2011 and M.P.(MD)No.1 of 2011 R.Ramalingam : Petitioner Vs. 1.The State of Tamil Nadu, Rep. by the Secretary to Government, Highways & Rural Works Department, Secretariat, Chennai-9. 2.The Chief Engineer, (Highways &Rural Works), Chepauk, Chennai-5. 3.The Accountant General, Chennai-18. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to pay all the service and monetary benefits by counting the petitioner's service in the post of Road Inspector from 07.09.1980 till the date of his retirement and accordingly, pay all the pensionary benefits, with 18% interest per annum with cost. For Petitioner : Mr.R.Singgaravelan For Respondents 1&2 : Mr.B.Pugalendhi Special Government Pleader For Respondent No.3 : Mr.P.Gunasekaran ORDER ****** Though the petitioner has sought for a Writ of Mandamus, directing the respondents to pay all the service and monetary benefits by counting his service in the post of Road Inspector from 07.09.1980 till the date on which he retired i.e., till 30.11.2009, in terms of G.O.Ms.No.406, Transport Department, dated 23.02.1987, Mr.R.Singgaravelan, learned counsel for the petitioner submitted that it would be suffice, if a direction is issued to the second respondent to consider the petitioner's representation dated 28.02.2011. The submission of the learned counsel for the petitioner is placed on record. 2. Considering the limited request, Mr.B.Pugalendhi, learned Special Government Pleader was put on notice on behalf of respondents 1 and 2. He submitted that the representation of the petitioner dated https://hcservices.ecourts.gov.in/hcservices/ 2 28.02.2011 would be disposed of and prayed for sufficient time. 3. Mr.P.Gunasekaran, leaned counsel, who took notice on behalf of the third respondent, submitted that as and when proposals are received from the second respondent, the request of the petitioner for revised pension would be considered. 4. In the light of the above submissions and without going into the merits of the case, as to whether the petitioner is entitled to the benefits, as per the Government Order in G.O.Ms.No.406, Transport Department, dated 23.02.1987, a direction is issued to the Chief Engineer, (Highways & Rural Works), Chepauk, Chennai-5, the second respondent herein, to consider and pass orders on the petitioner's representation dated 28.02.2011, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. If the petitioner is entitled to the benefits, suitable proposals may be directed to be sent by the competent authority to the Accountant General, Chennai-18, the third respondent herein, who shall issue appropriate sanction orders. 5. With the above directions, the Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. SML Sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Highways & Rural Works Department, Secretariat, Chennai-9. 2.The Chief Engineer, (Highways &Rural Works), Chepauk, Chennai-5. 3.The Accountant General, Chennai-18. + 1 cc to M/s.P.Gunasekaran, Advocate SR.No.32806. +1 cc to Special Government Pleader, SR.No.32894. Order made in W.P.(MD).No.10796 of 2011 Dated:22.09.2011 2P/6C RPB 26.09.2011 https://hcservices.ecourts.gov.in/hcservices/