Disposed

Nagendran v. The Commissioner

Madras HC18 Apr 2024WP(MD)/9551/2024

Case brief

AI extract

What is this about?

A driver seeking retirement after facing a reduction in rank and transfer petitioned for a writ directing the Hindu Religious and Charitable Endowments Commissioner to consider his representation for transfer due to health and family issues. The bench ordered consideration of the representation within eight weeks without adjudicating merits.

What did the court decide?

Direction to the first respondent to consider the petitioner's representation dated 05.01.2024 on merits within eight weeks.

Nagendran Vs The Commissioner — Pension and Retirement Benefits | Madras HC (2024)

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WP(MD) No.9551 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.04.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.(MD) No.9551 of 2024

Nagendran

... Petitioner

Vs.

1.The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.

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2.The Deputy Commissioner / Executive Officer, Arulmighu Ramanathasamy Thirukoil, Rameswaram.

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3.The Deputy Commissioner / Executive Officer, Arulmighu Subramaniaswamy Thirukoil, Tiruttani, Thiruvallur District. ... Respondents

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https://www.mhc.tn.gov.in/judis

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WP(MD) No.9551 of 2024

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1^st respondent to transfer the petitioner from 3^rd respondent temple to 2^nd respondent temple by considering the petitioner's representation dated 05.01.2024.

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For Petitioner : Mr. V.R.Shanmuganathan For Respondents : Mr.P.T.Thiraviyam – for R1 Government Advocate

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Mr.S.Ramesh – for R2 & R3

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ORDER

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The petitioner has filed this Writ Petition seeking a

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Writ of Mandamus, directing the 1^st respondent to transfer the petitioner from 3^rd respondent temple to 2^nd respondent temple by considering the petitioner's representation dated 05.01.2024.

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https://www.mhc.tn.gov.in/judis

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WP(MD) No.9551 of 2024

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2 . Heard Mr.V.R.Shanmuganathan, learned counsel for

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the petitioner, Mr.P.T.Thiraviyam, learned Government Advocate for the first respondent and Mr.S.Ramesh, learned counsel for the respondents 2 and 3.

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By consent of both parties, this Writ Petition is taken

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up for final disposal at the stage of admission itself.

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4. The case of the petitioner is that he was appointed as Driver in the second respondent-Temple on 09.09.1987 and was regularized on 08.12.1989. Thereafter, the petitioner was asked to operate Battery Car in the second respondent Temple and he also accepted the same. There he was directed to serve as a Night Watchman by order dated 07.05.2023, which was reduction of rank by two levels as a punishment. Hence, the petitioner preferred a Writ Petition in W.P.(MD)No.11679 of 2023 and the same was pending, however with an order of interim stay. Thereafter, he was transferred to third respondent – Temple by order dated 14.09.2022

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https://www.mhc.tn.gov.in/judis

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WP(MD) No.9551 of 2024

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as a Driver. The petitioner is about to retire on 01.05.2025 and hence, he submitted a representation dated 05.01.2024 narrating his

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health condition and family difficulties. Since no steps have been taken so far, the petitioner has come forward with the present Writ Petition.

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Mr.P.T.Thiraviyam, learned Government Advocate

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for the first respondent submitted that the petitioner's representation dated 05.01.2024 would be considered by the first respondent on merits, within the time stipulated by this Court.

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Under such circumstances, this Court, without going

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into the merits of the matter, directs the first respondent to consider the claim of the petitioner on the basis of his representation dated 05.01.2024 and pass appropriate orders thereon on merits, within a

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period of eight weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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WP(MD) No.9551 of 2024

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6. With the above direction, this writ petition is

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disposed of. No costs.

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18.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

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1.The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.

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2.The Deputy Commissioner / Executive Officer, Arulmighu Ramanathasamy Thirukoil, Rameswaram.

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3.The Deputy Commissioner / Executive Officer, Arulmighu Subramaniaswamy Thirukoil, Tiruttani, Thiruvallur District.

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https://www.mhc.tn.gov.in/judis

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WP(MD) No.9551 of 2024

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R.N.MANJULA, J.

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Order made in W.P.(MD)No.9551 of 2024

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18.04.2024

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Nagendran v. The Commissioner

Case brief

What is this about?

What did the court decide?

Nagendran v. The Commissioner

Case brief

What is this about?

What did the court decide?

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