Advocates:
['MANISEKARAN V', '', 'D GUNASEKARAN', 'B DIVYA', 'R KARTHIKEYAN STANDING COUNSEL TAKES NOTICE']

IN HIGH COURT OF JUDICATURE AT MADRAS

Reserved On

13.08.2019

Pronounced On

05/09/19

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH

AND

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.No.18142 of 2019

M.Kothandaraman

... Petitioner

vs

1.The Chairman,

Chennai Port Trust,

Rajaji Salai, Chennai – 600 001.

2.The Deputy Conservator,

Marine Department,

Chennai Port Trust, Rajaji Salai,

Chennai – 600 001.

... Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India, to issue a writ of Certiorarified

Mandamus or any other appropriate writ or direction in

the nature of a Writ, calling for the entire records of

the 2^nd respondent impugned order No.D2/211/2019/M dated

29.03.2019 and quash the same and directing the

respondents to pay the pensionary benefits, Earned Leave

Encashment and terminal benefits including Gratuity,

Commutation of Pension on attaining the age of

superannuation on 31.03.2019 within a stipulated time.

For Petitioner

: Mr.L.Chandrakumar

for Mr.Manisekaran .V

For Respondents

: Mr.R.Karthikeyan

O R D E R

C.SARAVANAN,J.

The petitioner has challenged the impugned

Communication dated 29.03.2019 bearing reference

No.D2/211/2019/M issued by the 2^nd respondent in this writ

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

petition. By the impugned communication the petitioner

has been informed that he will retire in the afternoon

of 31.03.2019 on attaining the age of superannuation and

will be paid a provisional pension based on the

approval of the Deputy Chairman on 21.03.2019 as

Vigilance Clearance of the petitioner's community status

was still pending before the State Level Scrutiny

Committee.

2.The petitioner seeks to quash the impugned

communication and prays for a direction to the

respondents to release all pensionary benefits and

terminal benefits including Earned Leave Encashment,

Gratuity, and Commutation of Pension as the petitioner

has attaining the age of superannuation on 31.03.2019.

3.The petitioner was appointed as a Lascar Grade II

(Yard) with the respondents on 03.01.1978 against post

reserved for person belonging to Scheduled Tribe. At the

time of joining the respondents, the petitioner has

produced a Community Certificate No.Naka.2070/76 dated

18.07.1976 issued by the Head quarters, Deputy Tahsildar,

Tiruvallur. As per the

said certificate,

the

petitioner’s

community was

‘Kuravar’

a

"Other

Backward Community" in Tamilnadu.

4.Later the petitioner substituted the aforesaid

Community Certificate with a different community

certificate No.Na Ka.7902/89 dated 16.06.1989 issued by

the Tahsildar, Tiruvallur Taluk, Tiruvallur District

wherein the petitioner which declared the petitioner’s

community as “Hindu Malakkuravan”. The said community is

Schedule Tribe (ST) Community under the Constitution

(Scheduled Tribes) Order, 1950. This was also confirmed

by the District Collector vide letter dated 14.12.1989

bearing reference No.K.Dis.38041/89.

5.It is the case of the petitioner that he has

served the respondent for 41 years without any blemish

and therefore it is unfair to the subject that the

petitioner to verification now and thereby delay the

release of retirement benefits.

6.The petitioner submits that the issue no longer,

res-integra in the light of the decision of this Court in

W.P.No.26741 of 2018 dated 08.03.2019. There, after

referring to an earlier decision dated 24.01.2019

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

rendered in W.P.(MD).No.7461 of 2017, the Court allowed

the said Writ Petition and the benefits were directed to

be released to the petitioner therein.

7.The respondents have raised serious question

relating to the status of the petitioner based on the

Community Certificate bearing reference No.Naka.7902/89

dated 16.06.1989 produced by t