V.Rajamani v. The Accountant General Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P.No.285 of 2020 V.Rajamani ... Petitioner Vs 1.The Accountant General of Tamil Nadu, Accounts and Entitlement Department, AG's Office Complex, No.361, Anna Salai, Teynampet, Chennai 600 018.

2.The Inspector General of Prison, Gandhi Irvin Road, Egmore, Chennai 600 008.

3.The Superintendent of Prison, Central Prison, Salem 636 007.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to revise the scale of petitioner and also revise the pension benefits in the pay band of 14,940+450+1,400=16,790 and to pay the all monetary emoluments including arrears based on the petitioner's representation dated 03.07.2017 within a time stipulated by this Court.

For Petitioner : Mr.C.Prabhakaran For Respondent 1 : Mr.Vijayashankar For Respondents 2&3: Mrs.Bhuvaneswari Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to revise the scale of pay of the petitioner and consequently to revise the pension benefits and pay the arrears based on the representation given by the petitioner on 03.07.2017.

2. The case of the petitioner is that he was appointed as Grade II, Warden in the Prison Department in the year 1983. Subsequently, he was promoted as Chief Warden in the year 2014 and was further promoted as Assistant Prison Officer and posted at Central Prison, Salem. The petitioner attained superannuation on 28.06.2014 and he was allowed to retire from service.

3. The grievance of the petitioner is that his increment was not properly fixed by the respondents at the relevant point of time and juniors of the petitioner are getting higher pay than the petitioner. Therefore, the petitioner gave representation to the respondents to revise the scale of pay and to revise the pension benefits and pay the arrears. Since the representation has not been considered, the present Writ Petition has been filed before this Court.

4. Heard Mr.C.Prabhakaran, learned counsel appearing on behalf of the petitioner, Mr.Vijayashankar, learned counsel appearing on behalf of the first respondent and Mrs.Bhuvaneswari, Additional Government Pleader, appearing on behalf of the second and third respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second and third respondent to consider the representation made by the petitioner on 03.07.2017 and pass appropriate orders, strictly in accordance with law, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the second and third respondent along with a copy of the representation dated 03.07.2017 and a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

bkn To 1.The Accountant General of Tamil Nadu, Accounts and Entitlement Department, AG's Office Complex, No.361, Anna Salai, Teynampet, Chennai 600 018.

2.The Inspector General of Prison, Gandhi Irvin Road, Egmore, Chennai 600 008.

3.The Superintendent of Prison, Central Prison, Salem 636 007.

+1cc to Mr.C.Prabakaran, Advocate SR.2356 +1cc to Mr.V.Vijayshankar, Advocate SR.2370 +1cc to the Government Pleader SR.2232 W.P. No. 285 of 2020 VBA(CO) CB(18/02/2020)