S GANESAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.P.Veera Raghavan, learned counsel for the petitioner and Mr.S.Gopinathan, learned Additional Government Pleader appearing for the 1st respondent and Mr.A.Vijaya Kumar, learned counsel for the 2nd respondent.

(2.) THIS writ petition is filed by the petitioner for a direction, to the respondents to pay pension from 01.07.2002, with arrears till the date of payment, 40% commutation of pension, refund of Rs.48,579/- being the gratuity amount recovered in the audit para 16/1999-2000 which was dropped on 26.11.2002, leave salary for three months on unearned leave on private affairs and Family Benefit fund of Rs.5000/- with interest at 18% per annum for the delayed period.

(3.) FURTHER on 20.06.2002, another charge memo was issued under Rule 37(b) of Tamil Nadu Housing Board Service Regulations wherein two charges were framed, one for an allegation that he has not prepared a survey report for the stock of 228 Nos of Aluminium powder empty drums and the second one is that the petitioner as in charge General Manager has not taken action to utilize the cement stock. While that being so, the petitioner attained the age of superannuation on 30.06.2002. The 2nd respondent in his memo No. pa.tho.nu.1/64353/200 dated 28.06.2002, permitted the petitioner to retire from service without prejudice to the disciplinary proceedings pending against him.