1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 Coram: THE HONOURABLE MR.JUSTICE K.N.BASHA W.P.(MD).No.125 of 2011 R.Madhavan Nair : Petitioner -Vs- 1. The Assistant Commissioner H.R. & C.E. Admn. Department Mettu Street Vadiveeswaram Nagercoil 2. The Commissioner Hindu Religious and Charitable Endowment Department Chennai 3. Government of Tamil Nadu Represented by its Secretary Commercial Tax H.R. & C.E Departments Fort St. George Chennai 4. The Accountant General (Accounts & Entitlements) 361, Anna Salai Chennai : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to sanction the pensionary benefits and to pay the arrears of pension and other monetary benefits payable to the petitioner. *** For Petitioner : Mr.V.Kannan For Respondents : Mr.Aayiram K.Selvakumar Government Advocate O R D E R The petitioner has come forward with this Petition seeking for the relief of Writ of Mandamus directing the respondents to sanction the pensionary benefits and to pay the arrears of pension and other monetary benefits payable to the petitioner. 2. The learned counsel for the petitioner would submit that the petitioner was working as Last Grade Servant in the office of the Commissioner, H.R. & C.E. Department, Chennai and joined duty on 26.03.1969 and the post was regularised with effect from 26.03.1969 as per the proceedings, dated 20.01.1970. It is submitted by the learned counsel for the petitioner that the petitioner was promoted to the post of Driver and transferred to and posted in the office of the Assistant https://hcservices.ecourts.gov.in/hcservices/ 2 Commissioner, H.R. & C.E. Department, Sucindram, on 05.09.1970 and the said post was confirmed subsequently as per the order, dated 18.10.1977. The learned counsel for the petitioner would further submit that the petitioner has decided to submit his resignation and accordingly, the said resignation letter was submitted and the same was accepted and the petitioner was relieved from the said post in the month of April 1983. 3. It is contended that the petitioner is entitled to the gratuity, pension and earned leave benefits, but in spite of repeated representations, the said benefits have not been given till date. The petitioner has preferred a representation, lastly on 11.10.2010 claiming for the pensionary benefits, but till date the same has not been considered and as such, the petitioner has constrained to approach this Court with the above said prayer. 4. Heard Mr.Aayiram K.Selvakumar, learned Government Advocate on the submissions made by the learned counsel for the petitioner. It is submitted that though the petitioner claimed that he has submitted the resignation and the same was accepted, no instructions received till date from the respondent authorities. 5. I have carefully considered the submissions made on either side and also perused the materials available on record. 6. Though the learned Government Advocate submitted that he has not yet received the instructions from the respondents, this Court is of the considered view, no prejudice would be caused to the respondents in the event of directing the respondents to consider the representation of the petitioner, dated 11.10.2010, claiming the pensionary benefits, etc. 7. Accordingly, this Court, without going into the merits of the petitioner's representation, dated 11.10.2010, is constrained to direct the respondents 1 to 3, to consider the petitioner's representation, dated 11.10.2010, by affording an opportunity to the petitioner and all the other necessary parties, if any, and pass orders on merits and in accordance with law, in the light of the orders of this Court in W.P. (MD).No. 7510 of 2010, dated 30.08.2010 placing reliance on the decision of the Hon'ble Apex Court in M/s.J.K.Cotton Spg, & Wvg.Mills Co. Ltd., Kanpur Vs. State of U.P and Others reported in AIR 1990 SC 1808. 8. With the above direction, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The Assistant Commissioner H.R. & C.E. Admn. Department Mettu Street, Vadiveeswaram, Nagercoil 2. The Commissioner Hindu Religious and Charitable Endowment Department Chennai https://hcservices.ecourts.gov.in/hcservices/ 3 3. Government of Tamil Nadu Represented by its Secretary Commercial Tax H.R. & C.E Departments Fort St. George Chennai 4. The Accountant General (Accounts & Entitlements) 361, Anna Salai Chennai + 1 cc to The Special Government Pleader, SR No.39885 W.P.(MD).No.125 of 2011 15.11.2011 vsg RJ/1.12.11 3p/6c https://hcservices.ecourts.gov.in/hcservices/