K. A. Shanmugasundaram v. State of Tamilnadu Rep by Secretary to the Government Rural Development
2013-01-11
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
JUDGMENT 1. The prayer in this writ petition is as follows:- “It is therefore humbly prayed that this Hon'ble Court may be pleased to issue writ of mandamus or any other writ or order of the nature of writ directing the respondents to pay the balance amount due to the petitioner with interest in terms of the order of the Hon'ble Tamil Nadu Administrative Tribunal made in O.A.No.5611 of 1994, dated 07.09.2001 and pass such further order or orders as this Hon'ble Court may fit and thus render justice.” 2. The case of the petitioner is that he was working as 'Block Development Officer' and was allowed to retire on 31.01.1994 without prejudice to the disciplinary proceedings. The petitioner's retirement benefits was not settled even after his retirement, he filed O.A.No.5611 of 1994 before the Tamil Nadu Administrative Tribunal, seeking for a direction to disburse all the benefits due to him with interest. The said O.A. was allowed on 17.09.2001. Even after the order passed by the tribunal, the petitioner was not given his retirement benefits. Therefore, the present writ petition is filed before this court. 3. A counter affidavit is filed by the second respondent, in which it is stated that the pensionary benefits, including interest on DGRC have already been settled to the petitioner. The petitioner had not furnished the details of balance benefits due to him. According to the respondents, no amount is due to the petitioner. 4. Now the learned counsel appearing for the petitioner submits that in view of the averment made in the counter affidavit stating that the petitioner was paid the entire benefits, the petitioner may be permitted to make further representation to the respondents seeking for the balance amount due to him by giving all the details. 5. It is open to the petitioner to make any such representation to the respondents seeking for any amount payable to the petitioner, other than the one already paid to him. If any such representation is made, it is for the respondent to consider and dispose of the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. No costs.