R.KUNDUMALAI Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed by Kundumalai, who retired from the post of Forest Range Officer, with effect from 31.03.2014, by order dated 27.03.2014, to quash the proceedings in Na.Ka.No.355/2013 dated 29.10.2014 05.03.2015 and 11.08.2015 with a direction to the respondents to pay the retirement benefits including pension benefits with interest at the rate of 18% from the date of retirement till the date of settlement to the petitioner.

(2.) Learned counsel appearing for the petitioner submits that when the petitioner was permitted to retire from service by proceedings dated 27.03.2015 with effect from 31.03.2014, the question of passing the recovery order, that too, without giving him any notice of hearing, does not arise, for the simple reason that the relationship of master and servant is no longer existing in view of the retirement order dated 31.03.2014. Adding further, he would submit that when the petitioner came to this Court, by filing Writ Petition in W.P(MD)No.16560 of 2014 seeking issuance of a Writ of Mandamus directing the Principal Chief Conservator of Forests, Chennai, to dispose of his representation dated 25.08.2014, wherein he requested to send his pension proposals to the Accountant General, Chennai, based on the order dated 27.03.2014 issued by the Principal Chief Conservation of Forests, this Court, by an order dated 08.10.2014 passed the following order: -

(3.) A counter affidavit has been filed by the 3rd respondent.