IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 10.02.2010 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. NO.38365 OF 2006 1 K.RANGAN 2 M.MUTHULAKSHMI 3 K.AMSAVATHI 4 D.MOHAN PRIYA MINOR AGED ABOUT 12 YEARS, REP BY MOTHER AND NEXT FRIEND K.AMSAVATHI. ... PETITIONERS Vs 1 THE STATE OF TAMILNADU REP BY THE SECRETARY TO GOVERNEMNT RURAL DEVELOPMENT DEPARTMENT FORT ST GEORGE CHENNAI-9 2 THE DIRECTOR OF RURAL DEVELOPMENT PANAGAL BUILDING SAIDAPET CHENNAI-15 3 THE PERSONAL ASSISTANT TO THE COLLECTOR (PANCHAYAT)DEVELOPMENT COLLECTORATE COIMBATORE .. RESPONDENTS PRAYER: Writ Petition came to be numbered by transfer of O.A.No.10748 of 1998 on the file of the Tamil Nadu Administrative Tribunal directing the order of the 3rd respondent in B.s.No.33070/93/K4 dated 30.1.96 may be quashed and treat the employee R.Dinakaran as one in service and died while in service to enable his legal heirs petitioners to claim the family benefit fund gratuity and family pension or in the alternative to discharge the employee R.Dinakaran from service on the ground of inability to be in service with full benefit. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : No appearance For Respondents : Mr. S. Sivashanmugam Government Advocate O R D E R This writ petition is filed to direct the order of the 3rd respondent in B.s.No.33070/93/K4 dated 30.1.96 may be quashed and treat the employee R.Dinakaran as one in service and died while in service to enable his legal heirs petitioners to claim the family benefit fund gratuity and family pension or in the alternative to discharge the employee R.Dinakaran from servied on the ground of inability to be in service with full benefit. 2. No representation for the petitioners. The petitioners are the legal heirs of the deceased R. Dinagaran. The employee, while serving as Rural Welfare Officer Gr.II, Coimbatore in the second respondent department, went on continuous medical leave and did not resume duty inspite of sufficient notice and therefore, by the impugned proceedings after proper enquiry, he was removed from service. 3. On 8.3.1996, an appeal was filed before the second respondent and the emplyee requested the second respondent to dispose of the appeal by reminders dated 27.8.1996 and 10.2.1997. Since there is no response, the original application has been filed. 4. Mr. S.Sivashanmugam, learned Government Advocate fairly states that if the appeal has not been disposed of on merits, a direction may be issued to dispose of the appeal within the stipulated time. 5. The present status of the appeal also is not known. In view of the specific averments in the petition that the appeal has been filed and the same is pending with the second respondent, it will suffice, if a direction is issued to the second respondent to dispose of the appeal. Accordingly, the second respondent is directed to dispose of the appeal on merits, if not already disposed of, within three months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ With the above directions, this writ petition is disposed of. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1 THE SECRETARY TO GOVERNEMNT RURAL DEVELOPMENT DEPARTMENT FORT ST GEORGE CHENNAI-9 2 THE DIRECTOR OF RURAL DEVELOPMENT PANAGAL BUILDING SAIDAPET CHENNAI-15 3 THE PERSONAL ASSISTANT TO THE COLLECTOR (PANCHAYAT) DEVELOPMENT COLLECTORATE COIMBATORE +1cc to Govt. Pleader Sr 8970 JRG(CO) km/24.2. W.P.NO.38365 OF 2006 https://hcservices.ecourts.gov.in/hcservices/