R. Murali Krishna v. Union Of India

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.1962 of 2012 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief: "...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus by (i) declaring the action of the respondent in not paying the petitioners the pay and grade pay on par with the regular employees working as Head Constable, Asst Sub-Inspector/Sub-Inspector/Inspector, as wholly illegal, arbitrary, unconstitutional and violative of article 14 and 16 of Constitution of India and (ii) Declaring the action of the respondent in effecting recovery in gross violation of principles of natural justice as wholly illegal and arbitrary (iii) Consequently direct the respondent to pay the scales of pay grade pay to the petitioners with effect from 2006 on par with the employees working as Head Constables, Asst Sub-Inspector/Sub-Inspector/Inspector in the interest of justice and also (iv) Direct the respondent to pay arrears of salary to the petitioners in the interest of justice."

2. When the matter is taken up for hearing, learned counsel for the petitioners submits that the petitioners have submitted representations to the respondents on 14.07.2010 and 06.12.2010 requesting the respondents to resolve the issue, but so far respondents have not passed any orders and therefore, appropriate orders be passed in the writ petition directing the respondents to consider the representations of the petitioners and pass appropriate orders.

3. Learned Standing Counsel appearing for the respondents had also contended that the representations of the petitioners would be

considered and appropriate orders would be passed by the respondents.

3. This Court having considered the submissions made by the parties is of the view that this writ petition can be disposed of directing the petitioners to submit a fresh representation within two

(2) weeks from the date of receipt of a copy of this order, and upon such representation being received, the respondents shall consider the same and pass appropriate orders in accordance with law within a period of eight (8) weeks thereafter.

4. With the above observations, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. No order as to costs.

______________________________ ABHINAND KUMAR SHAVILI, J September 18, 2019 KTL