1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 3/8/2011 CORAM THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)No.8568 of 2011 Dr.A.Swaminathan ..Petitioner Vs. 1. The State of Tamil Nadu rep. By its Principal Secretary Health & Family Welfare Department Secretariat, St. George Fort Chennai 9. 2. The Accounts General (A & G) TN 361 Anna Salai Chennai 18. ..Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to act on petitioner's representation dated 25/3/2011 and to issue the clarification to the second respondent as sought by the second respondent through letter in Prl.AG (A & E)/GAD II A/11 dated 9/11/2010 to disburse the terminal leave benefits. For petitioner ... Mr.J.Alaguram Jothi For respondents... Mr.T.S.Mohammed Mohideen Additional Government Pleader for R1 Mr.P.Gunasekaran for R2 ORDER Contending inter alia that the terminal leave benefits of the writ petitioner for a period of 240 days is yet to be disposed of, despite the letter of the Principal Accountant General (Accounts & Entitlements), Chennai dated 9/11/2010, the petitioner has made a representation dated 25/3/2011, requesting the first respondent to release the terminal leave benefits. As the representation has not been responsed, the petitioner has come forward with a mandamus. 2. Pleadings and materials available on record would disclose that on 9/11/2010, the Principal Accountant General, (A & E) Chennai has addressed a letter to the Principal Secretary to the Government, Health & Family Welfare Department, Chennai 600 009, to https://hcservices.ecourts.gov.in/hcservices/ 2 clarify as to how the terminal leave salary in respect of Dr.A.Swaminathan, formerly Dean, Thoothukudi Medical College, Thoothukudi and subsequently posted as Dean, IRT Perundurai Medical College, Perundurai, who retired on the afternoon of 31/5/2005 on attaining the age of superannuation has to be settled. An early reply has been requested from the first respondent as the matter is pending for nearly five years. 3. Considering, the plight of a retired Government servant, whose terminal leave benefit is still pending for nearly five years, this Court is inclined to issue a direction to the Principal Secretary, Health & Family Welfare Department, Chennai 9, to take action on the representation submitted by the petitioner dated 25/3/2011 and send a suitable reply within a period of eight weeks from the date of receipt of the copy of this order, so as to enable the Principal Accountant General (A & G) T.N, Chennai/second respondent herein, to take appropriate decision. It is to be noted that, as the matter had already been delayed for five years, it is sincerely hoped that the time frame ordered by this Court should be taken note of, to avoid further litigation, in the settlement of the above said claim. 4. This writ petition is ordered accordingly. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1. The Principal Secretary, State of Tamil Nadu Health & Family Welfare Department Secretariat, St. George Fort, Chennai 9. 2. The Accounts General (A & G) TN 361 Anna Salai, Chennai 18. +1cc to The Special Government Pleader, SR.No.26114 mvs akm/5.8.11 /2p-4c/ W.P.(MD) No.8568 of 2011 https://hcservices.ecourts.gov.in/hcservices/