Petitioner sought writ to direct release of retirement benefits while suspended and debarred from retirement. Court held ineligible for benefits as service retention prevented retirement.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.09.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.7456 of 2016
B.Prakasam
..Petitioner
Vs
Principal Secretary to Government Co-operative, Food & Consumer Protection Department Government of Tamil Nadu Fort St.George
Chennai 600 009.
.. Respondent
PRAYER : Petition filed Under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 01.12.2014 and 21.12.2014 and to release all retirement benefits to petitioner, within time fixed by this Hon'ble Court.
For Petitioner : Mr.K.Sukumaran
For Respondent : Mr.L.P.Shamuga Sundaram Special Government Pleader
O R D E R
The relief sought for in this writ petition is for a direction, to direct the respondent to consider the representation submitted by the writ petitioner dated 01.12.2014 and 21.12.2014 and release all retirement benefits to the writ petitioner within the time fixed.
the claim of the writ petitioner cannot be considered as he was not allowed to retire from service, and was placed under suspension, on account of the initialization of disciplinary proceedings.
Sd/-
Assistant Registrar(CS )
//True Copy//
Sub Assistant Registrar
dna
To
The Principal Secretary to Government
Co-operative, Food & Consumer Protection Department
Government of Tamil Nadu
Fort St.George
Chennai 600 009.
W.P.No.7456 of 2016
KJI(CO) EU(06/10/2017 )
2 issues framed by the court
Whether a petitioner placed under suspension and prevented from retiring by Government Order can claim disbursement of retirement benefits.
Whether Article 226 writ petition can direct release of retirement benefits when the petitioner was not allowed to retire from service.
2 provisions across 2 enactments
B. Prakasam
Principal Secretary to Government Co-operative, Food & Consumer Protection Department, Government of Tamil Nadu
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
