IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 12.02.2010 CORAM THE HONOURABLE MR.JUSTICE R. SUDHAKAR Writ Petition No.37449 of 2006 A.Paramanandam Ambulance Driver, Rajaji Government Hospital, Madurai .. Petitioner vs 1.The Dean, Madurai Medical College, Madurai 2.The Director of Medical Education, Chennai 3.The Accountant General, Thenampettai .. Respondents Prayer: Writ petition came to be numbered by transfer of O.A.No.8301 of 1998 on the file of the Tamil Nadu Administrative Tribunal praying to call for the records relating to the order of the first respondent dated 12.08.1987 issued in the Re.No.O.Mu.39564/Nee 3/4/97 and quash the same. For Petitioner : Mr.K.Thennan For Respondents : Mr.S.Sivashanmugam Govt.Advocate for R2 Mr.Vijayashankaran for R3 O R D E R This writ petition is filed to call for the records relating to the order of the first respondent dated 12.08.1987 issued in the Re.No.O.Mu.39564/Nee 3/4/97 and quash the same. 2. The petitioner, ex-service man, joined the medical services as driver and retired. His service period in the military has not been considered and accepted for pensionary benefits. Hence, the original application has been filed. 3. In the reply affidavit in paragraphs 6 and 7, it https://hcservices.ecourts.gov.in/hcservices/ has been stated as follows:- " The representation of the applicant addressed to the Director of Medical Education, Chennai was received by this office and the same was forwarded to the Accountant General, Chennai for taking further action vide Accountant General, Chennai, has returned the representation to clarify the date of birth in that of Military Verification Certificate and the P.P.O. Has been issued taking his date of birth as 19.4.1930 and hence retirement on 30.4.1988. The applicant was addressed to state the correct date of birth along with the evidence. He has replied that his correct date of birth is 19.4.1930 as per his school record sheet. He has stated that his military authorities have wrongly written his date of birth as 29.1.32 before Independence and that the correct date of birth is 19.4.30 and thus be retired on 30.4.88. However, he was given an endorsement that his request to include his military service in the qualifying service taken for pension, is belated one and it requires no consideration vide this office Ref.L.Dis.39564/E3/4/98, dated 12.8.1997. However on his further representation to this office on 20.10.1997, the Accountant General, Chennai has again addressed in this office letter No.44676/E2/3/97 dated 3.12.97 furnishing all details and also clarification has been sought for as to whether the Military Service claimed by the applicant can be included for the calculation of Pension and revised pension can be sanctioned. The Accountant General was reminded several times. There is no reply received from the Accountant General so far. As such, the representation of the applicant is not pending in this office." 4. In the light of the stand taken by the respondent in the reply affidavit, the petitioner is entitled to make further representation more particularly to the third respondent and the respondents shall consider the statement as made in the reply affidavit and grant appropriate relief to the petitioner in accordance with law without undue delay. Such decision shall be taken at the earliest preferably within three months from the date of receipt of such representation. This writ petition is disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Dean, Madurai Medical College, Madurai 2.The Director of Medical Education, Chennai 3.The Accountant General, Thenampettai,Chennai. +1cc to Govt.Pleader Sr 10048 +1cc to Mr.V.Vijay Shankar, Advocate Sr 9695 LA(CO) km/1.3. W.P.No.37449 of 2006 https://hcservices.ecourts.gov.in/hcservices/