Madras High Court
K.A.Ramasamy (Retired Pc.3266) vs The Superintendent Of Police on 16 March, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.(MD)No.11565 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:16.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.11565 of 2017
K.A.Ramasamy (Retired PC.3266)
... Petitioner
Vs.
1.The Superintendent of Police,
Tiruchirappalli District,
District Police Office,
Tiruchirapalli.
2.The Additional Superintendent of Police (Head Quarters),
District Police Office,
Tiruchirapalli.
3.The Treasury Officer,
District Treasury,
Theni.
4.The Sub Treasury Officer,
Sub Treasury,
Uthamapalayam,
Theni District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.11565 of 2017
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus directing the 2nd respondent to
forward the original Pension Revision Order dated 15.09.2016 issued by
the Accountant General (A & E), Chennai to the 3rd respondent forthwith
and to direct the 3rd respondent / 4th respondents to revise the pension of
the petitioner, as per Pension Revision Order dated 15.09.2016, with due
revision of pension from 01.01.1996 as per G.O.Ms.No.174 Finance (Pay
Cell) Department dated 21.04.1998 and from 01.01.2006, as per
G.O.Ms.No.235 Finance (Pay Cell) Department, dated 01.06.2009 as
ordered in para 15 of the G.O.Ms.No.363, dated 23.08.2013 and disburse
the arrears of pension from 01.06.1992 with interest at 12% per annum
within a time limit to be fixed by this Court.
For Petitioner : Mr.A.Thirumurthy
For Respondents : Mr.A.Karthick
Government Advocate
ORDER
This writ petition has been filed for a direction to the second respondent to forward the original Pension Revision Order dated 15.09.2016, issued by the Accountant General (A & E), Chennai to the 2/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.11565 of 2017 third respondent forthwith and to direct the respondents 3 and 4 to revise the pension of the petitioner, as per Pension Revision Order dated 15.09.2016, with due revision of pension from 01.01.1996, as per G.O.Ms.No.174 Finance (Pay Cell) Department dated 21.04.1998 and from 01.01.2006, as per G.O.Ms.No.235 Finance (Pay Cell) Department, dated 01.06.2009, as ordered in Para-15 of the G.O.Ms.No.363, dated 23.08.2013 and disburse the arrears of pension from 01.06.1992 with interest at 12% per annum.
2. The case of the petitioner is that the petitioner served as Police Constable in Trichy District and voluntarily retired from service on 31.05.1992, after completing 30 years and 11 months of qualifying service. The petitioner was sanctioned the basic pension of Rs.661/- per month as on 01.06.1992. Subsequently, the petitioner's basic pension was revised with effect from 01.01.1996, as per G.O.(Ms).No.174, Finance (Pay Cell) Department, dated 21.04.1998 and with effect from 01.01.2006, as per G.O.(Ms.)No.235 Finance (Pay Cell) Department, dated 01.06.2009, by the Treasury Officer / Sub Treasury Officer. Now, 3/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.11565 of 2017 the petitioner is drawing the pension at the Sub Treasury, Uthamapalayam. While so, the Principal Accountant General of Tamil Nadu (A & E), Chennai has issued the order dated 15.09.2016, revising his pension at Rs.812/- per month, from 01.06.1992 and the said communication was also marked to the petitioner. However, till date the said order was not implemented in favour of the petitioner. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the second respondent to implement the order, dated 15.09.2016, in favour of the petitioner.
4. The learned Government Advocate appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, 4/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.11565 of 2017 directs the second respondent to implement the order, dated 15.09.2016, in favour of the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
16.03.2021 akv To
1.The Superintendent of Police, Tiruchirappalli District, District Police Office, Tiruchirapalli.
2.The Additional Superintendent of Police (Head Quarters), District Police Office, Tiruchirapalli.
3.The Treasury Officer, District Treasury, Theni.
5/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.11565 of 2017 M.DHANDAPANI,J.
akv
4.The Sub Treasury Officer, Sub Treasury, Uthamapalayam, Theni District.
W.P.(MD)No.11565 of 2017
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