LAWS(MAD)-2009-4-617

S DHANASEKARAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On April 27, 2009
S. DHANASEKARAN Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, CHIEF SECRETARIAT Respondents

JUDGEMENT

(1.) THE petitioner has sought for a writ of mandamus, directing the respondents to make continuous payment of provisional pension to the petitioner from October, 2008 within a specified time to be fixed by this Court.

(2.) SHORT facts leading to the writ petition are as follows: When the petitioner was working as Deputy Inspector of Survey in Taluk Office, Tiruvadanai, a charge memo, dated 04.04.2006 was issued by the Assistant Director of Survey and Settlement, Sivagangai. By order, dated 30.06.2007, he was permitted to retire without prejudice to the departmental proceedings initiated against him under Rule 17-b of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. Though the petitioner was sanctioned provisional pension, the said amount was stopped abruptly from the month of October, 2008, by the third respondent. Aggrieved over the same, when the petitioner made a representation, the third respondent has replied that the matter has been referred to the Additional Director of Survey and Land Records, Chennai for disbursement of provisional pension from the month of October, 2008.

(3.) PLACING reliance on the letter, dated 29.11.2008 of the third respondent, he submitted that clarification has been sought for from the Additional Director of Survey and Land Records, Chennai for disbursement of provisional pension from the month of October, 2008 and as soon as the clarification is obtained, the provisional pension would be disbursed.