1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13160 of 2011 C.Velappan :Petitioner -Vs- 1.The Secretary to Government, Revenue Department, Chief Secretariat, Chennai - 600 009. 2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005. :Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to disburse the DCRG and commutation of pension since there is no monetary loss to the Government as reported by the District Collector within a specified time frame fixed by this Court and that the respondent is at liberty to pass orders on the pending disciplinary proceedings under Rule 9(2)(a) of the pension rules. For Petitioner :M/s.S.Visvalingam For Respondents :Mr.B.Pugalenthi,Special Govt.pleader ORDER The petitioner/C.Velappan has filed the present Writ Petition seeking a Writ of Mandamus, to direct the respondents to disburse the DCRG and commutation of pension, since there is no monetary loss to the Government as reported by the District Collector in his letter, dated 30.06.2009 to the Commissioner of Revenue Administration, Chennai, within a specified time frame with further direction to the respondent to pass orders on the pending disciplinary proceedings under Rule 9(2)(a) of the Pension rules. 2.The petitioner, who was recruited through Tamil Nadu Public Service Commission in the year 1968, joined service on 16.101969 as Junior Assistant in the District Revenue Unit of Kanyakumari District. Then, he was promoted in the year 1976 as Assistant. Subsequently, he was promoted as Deputy Tahsildar in the year 1991. After seven years, again he was promoted as Tahsildar in the year 1998. Finally, the petitioner retired from service on attaining the age of superannuation on 30.11.2008. He was also allowed to retire without prejudice to the disciplinary proceedings. Subsequently, charges were framed against the petitioner under Rule 17-b of the Tamil Nadu Civil Services(Discipline and Appeal) Rules for the alleged lapse which are said to have taken place in the year 2003 during the petitioner's tenure as District Adi-Dravidar and Tribal Welfare Officer, Tuticorin District. 3.On submitting his explanation, the Enquiry Officer has completed his enquiry and finally the petitioner was informed about the proposed punishment on 24.11.2010 by Government letter, for which the petitioner has also submitted his reply on 11.04.2011. But, no final orders have been passed till date. Therefore, the only grievance of the petitioner to come to this Court is that when the District Collector has already in his letter https://hcservices.ecourts.gov.in/hcservices/ 2 dated 30.06.2009 informed the Commissioner of Revenue Administration, Chennai that there was no monetary loss involved in the case of the petitioner, there cannot be any impediment to the respondents to release his DCRG and other retirement benefits. 4.His further argument shows that when he was already inflicted with proposed punishment of cutting of Rs.1000/- from his monthly salary for a period of two years, the petitioner and respondents are not going to face any problem even if the petitioner's DCRG is released as he is not able to run his day-to-day life without pension and other retirement benefits. 5.This Court after putting on notice the Special Government Pleader for the respondents, he states that since the enquiry was already over and the respondents have only to pass final orders, if suitable direction is given to pass final orders to release DCRG and other pensionary benefits, no prejudice would be caused to both the parties. 6.But, if we look at the case of the petitioner, the letter written by the District Collector to the Commissioner of Revenue Administration, Chennai, dated 30.06.2009, clearly shows that there is no loss caused to the department. If that being so, having allowed the petitioner to retire from service as Assistant Commissioner(Excise), Ramanathapuram on 30.11.2005, it would be very difficult for him to manage today's life without receiving his pension or DCRG. Therefore, by taking note of the proposed punishment informed by the Government in the letter, dated 24.11.2010, I have no hesitation to direct the respondents to release the DCRG and commutation of pension within a specified period. 7.Accordingly, the respondents are directed to send forthwith the pension proposals for early payment of DCRG and Commutation of Pension, preferably within a period of three weeks from the date of receipt of a copy of this order. It is also open to the respondents to pass final orders in the meanwhile. 8.With these directions, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Records) / TRUE COPY / Sub Assistant Registrar To: 1.The Secretary to Government, Revenue Department, Chief Secretariat, Chennai - 600 009. 2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005. +1CC to The Special Government Pleader. SR.No.40641. RP/20.12.2011/ 2P/4C. W.P(MD)No.13160 of 2011,18.11.2011. https://hcservices.ecourts.gov.in/hcservices/