P. SUGANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed for Writ of Mandamus, to direct the Respondents to Provide Pension, Gratuity, Provident Fund and all other Retirement Benefits for the period from 8/1/1973 to 31/5/2007 with 9% interest as per Revised Scale of Pay Rules, 2009, by treating the Petitioner's father Mr. R. Pandi (Late) as retired from service as Record Clerk from the Office of the 5th Respondent within the time stipulated by this Court.

(2.) Heard Mr. I. Pinaygash, the learned Counsel appearing for the Petitioner, Mr. P. Thambidurai, the learned Government Advocate appearing for the 1st Respondent, Mr. P. Gunasekaran, the learned Standing Counsel appearing for the 2nd Respondent, M/s. Porkodi Karnan, learned Counsel appearing for the 3rd Respondent and Mr. B. Vijayakarthikeyan, the learned Counsel appearing for the 4th Respondent.

(3.) The Petitioner's father joined the service on 8/1/1973 as Peon. Thereafter, he was promoted as Record Clerk. While he was in serving in the Respondent-Department, he frequently absented himself. Hence, Show Cause Notice, dtd. 16/11/2004, was issued and then Charge Memo, dtd. 26/10/2005 was issued. In the meanwhile, the Respondents have issued several notices directing the Employee to appear before the Enquiry Officer but the Employee did not appear before the Enquiry Officer. In the meanwhile, he attained Superannuation on 31/5/2007. Finally, he died on 28/10/2011. However, the Respondents have not passed any orders in the Disciplinary proceedings. Now, this Writ Petition is filed by the Second daughter of the deceased Employee seeking Pension, Gratuity, Provident fund and other Retirement Benefits by calculating the Petitioner's-Father's service in the Respondent-Department.