Disposed

M.Logendran v. the Government of Tamilnadu

Madras HC17 Jun 2015WP(MD)/9787/2015

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court, while dismissing the prayer for direct provision of pension benefits, directed the second respondent to consider the petitioner's representation on merits, affording an opportunity of hearing, and pass appropriate orders within two months.

What did the court decide?

Direction to second respondent to consider petitioner's representation, afford opportunity of hearing, and pass appropriate orders within two months.

M.Logendran Vs the Government of Tamilnadu — Pension and Retirement Benefits | Madras HC (2015)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2015

¶3

Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

¶4

W.P.(MD).No.9787 of 2015

¶5

M.Logendran :Petitioner

¶6

vs.

¶7

1.The Government of Tamil Nadu,

¶8

Rep.by its Principal Secretary to Finance Department, Fort.St.George,

¶9

Chennai-600 009.

¶10

2.The Additional Director General of Prison, Prisonary Department, No,.1, Gandi Irvin Road, Egmore,

¶11

Chennai-600 008.

¶12

3.The Superintendent of Prison, Trichy Central Prison, Trichy . : Respondents

¶13

Prayer : Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 04.03.2015 and thereby provide the pension benefits and monetary benefits to the petitioner by revising the scale of pay on par with the post of Sub-Inspector of Police, on the basis of the Government order in G.O.Ms.No.235(D1) Finance (Pay Cell) dated 01.06.2009, which is enclosed by the petitioner in his representation.

¶14

For Petitioner :Mr.A.Rajaram For Respondents :Mr.S.Kumar, Addl.Government Pleader.

¶15

O R D E R

¶16

The prayer in the Writ Petition is a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 04.03.2015 and thereby provide the pension benefits and monetary benefits to the petitioner by revising the scale of pay on par with the post of Sub-Inspector of Police, on the basis of the Government order in G.O.Ms.No.235 Finance (Pay Cell) dated 01.06.2009, which is enclosed by the petitioner in his representation.

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

¶19

2.Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents and by consent of both parties, the writ petition itself is taken up for final disposal.

¶20

3.The learned counsel appearing on behalf of the petitioner

¶21

submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

¶22

Though the prayer sought for as such cannot be granted and whether the G.O.Ms.No.235 Finance (Pay Cell) dated 01.06.2009 is applicable or not has got to be decided only by the second respondent, without expressing any opinion on the merits of the issue involved, the second respondent is directed to consider the representation of the petitioner dated 04.03.2015, and pass appropriate orders on the same and in accordance with law, within a period of two months from the date of receipt of a copy of this order, after affording the petitioner an opportunity of being heard. If on a specified date the petitioner does not appear for personal hearing, orders may be passed in accordance with law based on the available records after recording the absence of the Party/Parties.

¶23

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

¶28

¶29

1.The Principal Secretary to Finance Department, Fort.St.George,

¶30

Chennai-600 009.

¶31

2.The Additional Director General of Prison,

¶32

Prisonary Department,

¶33

No,.1, Gandi Irvin Road,

¶34

Egmore, Chennai-600 008.

¶35

3.The Superintendent of Prison,

¶36

Trichy Central Prison,Trichy.

¶37

+1cc to MR.A.Rajaram, Advocate Sr.No.31964

¶38

+1cc to Spl.Government pleader Sr.No. 31894

¶39

¶40

AA/01.07.2015/ 2p- 6c/

¶41

W.P.(MD)No.9787 of 2015

¶42

https://hcservices.ecourts.gov.in/hcservices/

¶43

17.06.2015

M.Logendran v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

M.Logendran v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.Muthusamy Vs the Branch Manager

S. Ganapathy Subramanian Vs the Commissioner of Police

M. Narayanan Vs the Secretary to Government

K.Dharmendiran, Vs the District Collector

P. Prakash Vs the Regional Join Registrar of

R. Govindaraju Vs the Government of Tamilnadu