Allowed

T.E.Sekaran v. The Tahsildhar

Madras HC7 Sept 2021WP/18846/2021

Case brief

AI extract

What is this about?

The court directed the respondents to release the petitioner's monthly and commuted pension arrears effective October 1, 2021, allowing deductions only if warranted for Thrift Society dues, subject to liberty to challenge such deductions.

What did the court decide?

Directed respondents to pay pension and arrears from 01.10.2021, allowing deductions only if warranted for Thrift Society dues with liberty to challenge.

T.E.Sekaran Vs The Tahsildhar — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.09.2021

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.No.18846 of 2021 and W.M.P.No.20138 of 2021

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(Through Video Conferencing)

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T.E.Sekaran

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... Petitioner

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Vs 1.The Tahsildar, Venbakkam Taluk, Tiruvannamalai District.

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2.The Principal Accountant General (A &E), Tamil Nadu Circle, 361, Anna Salai, Teynampet, Chennai – 600 018. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to issue no objection certificate to claim pension and direct the respondents to release the monthly pension and commuted value of pension to the petitioner.

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For Petitioner : Mr.R.S.Anandan For Respondents: For R1 : Mr.L.S.M.Hasan Fizal Government Advocate For R2 : Mr.Vijay Shankar

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ORDER

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This is the case where the petitioner retired from service of the respondents on 31.01.2017. After the petitioner retired from service his Death-cum-Retirement Gratuity (DCRG) and Provident Fund amount has been settled.

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However, the pension has not been released to the petitioner in view of the alleged due of the petitioner to the Thrift Society. However, the respondents have not been quantified the amount and have not paid the pension to the petitioner.

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The petitioner is currently aged about 64 years. https://hcservices.ecourts.gov.in/hcservices/ Considering the above, the respondents are directed to pay the

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pension to the petitioner with effect from 1^st of October 2021 and also clear the arrears within a period of eight weeks from the date of receipt of a copy of this order subject to any deductions that are warranted for the amounts due from the petitioner to the aforesaid Thrift Society.

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While making deductions, the respondents are directed to furnish the basis on which the aforesaid deductions have been made. Liberty is given to the petitioner to challenge any deduction that may be made by the respondents while paying the arrears in accordance with law.

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This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

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Sd/Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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arb

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1.The Tahsildar, Venbakkam Taluk, Tiruvannamalai District.

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2.The Principal Accountant General (A &E), Tamil Nadu Circle, 361, Anna Salai, Teynampet, Chennai – 600 018.

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+1 cc to Mr.R.S.Anandan, Advocate Sr.NO. 45293

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+1 cc to Government Pleader Sr.NO. 45916

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W.P.No.18846 of 2021

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and W.M.P.No.20138 of 2021

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(CO) A.SK(13.10.2021)

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

T.E.Sekaran v. The Tahsildhar

Case brief

What is this about?

What did the court decide?

T.E.Sekaran v. The Tahsildhar

Case brief

What is this about?

What did the court decide?

What the court decided

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