1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13432 of 2011 P.Murugesan : Petitioner Vs. 1.The Commissioner,Treasuries and Accounts Department, Panagal Building,2nd Floor, Anna Salai,Chennai - 15. 2.The Secretary to the Government,Finance Department,Treasuries and Accounts,Secretariat,St. George Fort,Chennai - 5. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to consider petitioner's representation dated 16.10.2011 in the light of letter made in R.C.No.7237/99/Q3, dated 07.06.2010, on the file of his office, within a stipulated period. For Petitioner : M/s.R.Sundar For Respondents : Mrs.S.Bharathi, Government Advocate ORDER The petitioner P.Murugesan has filed this present writ petition seeking for issuance of a Writ of Mandamus directing the first respondent to consider his representation dated 16.10.2011 in the light of letter made in R.C.No.7237/99/Q3, dated 07.06.2010, within a specified date. 2. The petitioner, who was working as Assistant Accounts Officer (NMP Section) at Collectorate in Namakkal, came to be placed under suspension by order dated 22.04.1999. After the order of suspension, the petitioner also reached the age of superannuation on 30.06.2006. But, in view of the pendency of the disciplinary proceedings, he was not permitted to retire from service as per order dated 30.06.2006. Therefore, the case of the petitioner now is that even after he reached the age of superannuation on 30.06.2006, he is entitled to get the subsistence allowance. That argument of the petitioner is wholly misconceived for the reason that he has admittedly reached the age of superannuation on 30.06.2006, therefore, when the moment he reached the age of superannuation, from the next day itself he is not legally entitled to get monthly salary equally the subsistence allowance. Therefore, the petitioner's representation seeking payment of subsistence allowance after 30.06.2006 cannot be directed to be considered by this Court. Accordingly, the writ petition is liable to be dismissed and the same is dismissed. No costs. SD DEPUTY REGISTRAR(ACCOUNTS) /TRUE COPY/ To ASST REGISTRAR 1.The Commissioner,Treasuries and Accounts Department, Panagal Building,2nd Floor, Anna Salai,Chennai - 15. 2.The Secretary to the Government,Finance Department, Treasuries and Accounts,Secretariat,St. George Fort,Chennai – 5. 1cc To The Special Government Pleader, Madurai Bench SR No.41485 1cc To Mr.R.Sundar, Advocate SR No.41448 SB:23/12/2011 1P 5C Order made in W.P.(MD).No.13432 of 2011 Dated:- 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/