1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/4/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.4862 of 2011 A.Nadarajan ...Petitioner Vs. 1. The District Collector Kanyakumari District, Nagercoil. 2. The Personal Assistant to The District Collector (Noon Meals) Kanyakumari District Nagercoil. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus praying to direct the respondents to consider the petitioner's representation dated 28/8/2010 for dispersing all of his retirement benefits. For Petitioner : Mr.John Jayakumar For Respondents : Mr.V.Rajasekaran,Spl.G.P. O R D E R By consent, the main writ petition itself is taken up for final disposal. 2. Mr.V.Rajasekaran, Special Government Pleader takes notice on behalf of the respondents. 3. The petitioner has come up with the present Writ Petition praying to direct the respondents to consider the petitioner's representation dated 28/8/2010 for disbursing all of his retirement benefits. 4. The case of the petitioner is that he was appointed as Noon Meal Organiser in Devaswom Higher Secondary School, Mondaicadu by the second respondent. On 14/10/1987, when he was working as a Noon Meal Organiser in the said School, the Local Fund Auditor inspected the Noon Meal Center and found irregularities in the stock. Pursuant to his report, the second respondent suspended him from service on the ground that he has committed irregularities in the stock. 5. The Block Development Officer, Kurunthencode Panchayat Union made a complaint against the petitioner before the Colachel Police Station and the same was registered in Crime No.22 of 1992 under Section 420 of the Indian Penal Code. After investigation, final report has been https://hcservices.ecourts.gov.in/hcservices/ 2 submitted before the Principal District Munsif-cum-Judicial Magistrate, Eraniel. The case was taken on file in C.C.No.31 of 1998 by the said Court. After trial, the petitioner was convicted and sentenced to pay a sum of Rs.10,000/- as fine vide judgment dated 2/6/2008. 6. Aggrieved over the said conviction and sentence passed by the trial Court, the petitioner preferred an appeal in C.A.No.92 of 2008 on the file of the Court of Sessions Kanyakumari Division at Nagercoil. The appeal was allowed on merits by acquitting him. 7. Thereafter, no departmental proceeding was conducted against the petitioner. He is entitled to get all the retirement benefits relates to his service. However, retirement benefits have not been disbursed to the petitioner. Hence, the petitioner had made a representation to the respondents and since the same has not been considered so far, the petitioner has come forward to file the present writ petition praying for the relief as stated therein. 8. Without expressing any opinion on the claim made by the petitioner, I direct the first respondent to consider the representation submitted by the petitioner dated 28/8/2010 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 9. This writ petition is ordered accordingly. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR mvs. To 1. The District Collector Kanyakumari District, Nagercoil. 2. The Personal Assistant to The District Collector(Noon Meals) Kanyakumari District, Nagercoil. 1CC TO THE SPL. GOVT PLEADER SR: 15755: DM:2011:MAY:11: W.P.(MD)No.4862 of 2011 27/4/2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/