1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8951 of 2011 T.Thamilvanan ... Petitioner -Vs- 1. The Director Municipal Administration Elilagam Chennai - 5 2. The Assistant Director Municipal Administration and Audit Madurai 3. The District Collector Madurai District Madurai 4. The Commissioner Thirumangalam Municipality Thirumangalam Madurai District 5. The Audit and Account General Chennai - 108 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to sanction the pension and other benefits for the petitioner calculating his service from 20.12.1975 to 31.01.2010. *** For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R Though the petitioner has sought for a Mandamus directing the respondents to sanction pension and other benefits for the petitioner calculating his service from 20.12.1975 to 31.01.2010. Mr.M.Mohanasundaram, learned counsel for the petitioner submitted that it is suffice, a direction be issued https://hcservices.ecourts.gov.in/hcservices/ 2 to the competent authority to effect necessary entries in the service register the period between 20.12.1975 to 31.01.2010, for computation of pensionary benefits. 2. Material on record shows that as per the certificate issued by the Assistant Director, Municipal Administration and Audit, Madurai, the petitioner had joined service on 25.03.1991 and at the time of superannuation, the total period of service has been certified as 18 years 10 months and 7 days. 3. It is the grievance of the petitioner that the service rendered between 20.12.1975 and 25.03.1991 by him, also should be taken into consideration, for computing pensionary and other retirement benefits. The averments disclose that between 05.09.1984 and 24.03.1991, he did not work and the absence for the abovesaid period has been treated as leave without pay and also entered in the service register. 4. Material on record further shows that the Director, Municipal Administration, Chennai, in his letter No. Mu.Mu.No. 19025/Na.O.Sa (5)/2010, dated 08.07.2010, has sought for particulars from the Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District, as to why departmental action was not taken against the writ petitioner for his continuos absence from 05.09.1984 to 24.03.1991 and also sought for a reply as to whether the abovesaid period has been regularised after getting permission from by the Government. There is yet another proceeding in the typed set of papers in R.C.No. 47068/2010/K1, dated 03.11.2010, of the Director, Municipal Administration, Chennai, addressed to the Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District, regarding the action taken by the fourth respondent, for providing re-employment, and regularising of the abovesaid period. In response to the above, the Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District, the fourth respondent herein, in his reference in R.C.No. 2349/2009/A1, dated 25.05.2011, has stated that the Government have issued orders in G.O.Ms.No. 1046 ( P &AR), Department, dated 13.11.1987, on the proposals for ratification. 5. In the light of the above, a direction is issued to the competent authority to pass orders on the representation, within a period three months. The petitioner is at liberty to send a copy of the representations to the Director of Municipal Administration, Chennai, the Head of the Department for appropriate action. 6. With the abovesaid direction, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Director Municipal Administration Elilagam Chennai - 5 2. The Assistant Director Municipal Administration and Audit Madurai 3. The District Collector Madurai District Madurai 4. The Commissioner Thirumangalam Municipality Thirumangalam Madurai District 5. The Audit and Account General Chennai - 108 +One Cc to Mr.V.Manimkandan , Advocate, SR.No. 27572 +One Cc to The Spl. Govt. Pleader, SR.No.27101 vsg rl/8c – 22.8.2011 W.P.(MD).No.8951 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/