Writ petition filed by a retired police constable seeking revision of pension under Pay Commission and G.O.Ms.No.363. Court directed the Accountant-General to pass orders on the revision within four weeks due to inordinate delay.
Direction to the fourth respondent to pass orders on the revision of the petitioner's pension within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.07.2015
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
Writ Petition No.19070 of 2015
R. Somasundaram .. Petitioner
vs.
1. The Secretary to Government
Finance Department
Fort St. George, Chennai-9.
Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the respondents to re-fix the pension of the petitioner as per V & VI Pay Commission Recommendations, draw and disburse the same within a reasonable time in the light of the proposal sent by the 3rd respondent to the 4th respondent dated 19.03.2014.
For Petitioner : Mr. T. Ayngaraprabhu For Respondents : Mrs. M.E. Rani Selvam
Addl. Govt. Pleader for R1 to R3
Mr. V. Vijayashankar for R4.
O R D E R
The petitioner entered the service as Grade II Police Constable in Nagapattinam District on 01.10.1958. He was promoted as Head Constable in the year 1972, Sub Inspector of Police in 1976 and Inspector of Police in 1993 and he retired from service on 30.11.1995 on reaching the age of superannuation. He was duly sanctioned monthly pension of Rs.3,228/-.
Sd/Assistant Registrar True Copy Sub Assistant Registrar
ATR Copies to
Dr. Radhakrishnan Salai Mylapore, Chennai-4.
361, Anna Salai, Chennai-18.
1 cc to Mr.V. Vijayashankar , Advocate Sr.No.37136
1 cc to Mr.M.Muthappan , Advocate Sr.No.38083
1 cc to Government Pleader.Sr.No.37061
W.P. No. 19070 of 2015
nm(co) pmk.14.8.2015
2 issues framed by the court
Whether the petitioner, who retired before the implementation of the V Pay Commission, is entitled to revised pension as per G.O.Ms.No.363 dated 23.08.2013.
Whether the fourth respondent has delayed in processing the revision of pension proposal filed by the third respondent.
2 provisions across 2 enactments
R. Somasundaram
Secretary to Government Finance Department, Fort St. George, Chennai
Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai
Superintendent of Police, Nagapattinam District
Accountant-General (A&E), 361, Anna Salai, Chennai
D. Hariparamanthan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
