1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.3654 of 2011 and M.P.(MD)No.1 of 2011 G.Henry Bala Singh : Petitioner Vs. 1.The State of Tamil Nadu Represented by the Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai. 2.The Commissioner of Municipal Administration, Chepauk, Chennai-5. 3.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District. 4.The Director, Local Fund and Audit Department, Chennai-600 108. : 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 2 to 4 to provide the retirement benefits including pension to the petitioner within a time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.N.Ilango Government Advocate ******** ORDER ****** Mr.N.Ilango, learned Government Advocate, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents 2 to 4 to provide the retirement benefits including pension to him, within a time stipulated by this Court. 3. The case of the petitioner in nutshell is stated hereunder: (a) The petitioner was working as a Revenue Inspector with the Commissioner, Nagercoil Municipality. The Commissioner has changed his working division, by an order dated 19.05.2004 on administrative grounds. (b) Thereafter, the second respondent issued a charge memo vide in his proceedings dated 26.05.2006 on certain allegations. Thereafter, the second charge memo was issued on 27.05.2006. The third charge memo was also issued by proceeding dated 28.06.2006. In the meantime, the petitioner attained the age of superannuation on 31.07.2006. The petitioner was placed under suspension and he was not allowed to retire. (c) The petitioner, therefore, filed a Writ Petition before this Court in W.P.(MD)No.9407 of 2006 seeking to quash the suspension order. The said Writ Petition was disposed of by this Court, directing the second respondent to pass final orders on all the charge memos issued to him on or before 28.02.2007. Since the said order was not complied with, the petitioner was constrained to file a contempt petition in C.P.(MD)No.272 of 2010. Thereafter, the petitioner was permitted to retire from service. In view of the same, the Contempt Petition was closed. (d) The petitioner has sent numerous representations to the respondents to settle the terminal benefits. But, however, the same was not considered so far and hence, the petitioner was constrained to approach this Court by filing the present Writ Petition. 4. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the second respondent to consider the representation given by the petitioner dated 21.03.2011 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. 5. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai. 2.The Commissioner of Municipal Administration, Chepauk, Chennai-5. 3.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District. 4.The Director, Local Fund and Audit Department, Chennai-600 108. +One cC to Mr.T.Lajapathi Roy, Advocate, SR.No.11881 SML rl/6c – 18.4.2011 Order made in W.P.(MD)No.3654 of 2011 Dated:- 29.03.2011 https://hcservices.ecourts.gov.in/hcservices/