R.Elango(Rtd. Inspector Of v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10950 of 2013 R.Elango
...Petitioner
Vs.
1.The Government of Tamilnadu Rep. by its Secretary to Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.
3.The Superintendent of Police, Vellur District.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd and 3rd respondents to give the service salary for the amount of Rs.39,497/- on the basis of the petitioners representation dated 18.03.2013.
For Petitioner : Mr.A.Rajaram For Respondents : Mr.S.Thangavel Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 2 and 3 to give the service salary for the amount of Rs.39,497/- on the basis of the petitioner's representation dated 18.03.2013. 2.The case of the petitioner is that the petitioner was appointed as Grade II Police Constable during the year 1971 and after putting several years of service and getting several promotions, the petitioner retired from service on 28.02.2007 as
Inspector of Police. The grievance of the petitioner is that the respondents have not given the monetary benefits for his service and his further grievance is that for the period from 09.09.2003 to 30.09.2003, his salary amounts to Rs.78,632/-, however, he was given only Rs.39,135/-. The petitioner made several representations in this regard to the respondents, the last of which, was made on 18.03.2013 and since there is no response, has come forward with this writ petition. 3.The learned counsel appearing for the petitioner would submit that the petitioner has given several representations through RTI Act and even then there is no response from the respondent side. Thereafter, the petitioner made representation dated 18.03.2013 to the third respondent.
4.The learned Special Government Pleader appearing for the respondents, pointing out to the counter affidavit, would submit that the petitioner's representations were replied by the respondents Office on various dates under Right to Information Act, 2005. He would further submit that the salary claimed by the petitioner for the period from 09.09.2003 to 30.09.2003, is disproportionate to his one month salary, which could not be accepted.
5.From the counter affidavit, it is clear that the petitioner has made several representations to the respondents. In view of the above, this Court directs the respondents to consider the petitioner's representation dated 18.03.2013 and to pass appropriate orders on the same, on merits and in accordance with law, as expeditiously as possible, if the said representation has not yet been considered. If the petitioner's representation dated 18.03.2013 has already been considered and appropriate orders have already been passed, the respondents are directed to communicate the same to the petitioner. 6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To 1.The Secretary to Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.
3.The Superintendent of Police, Vellur District.
+1cc to the Government Pleader, S.R.No.24870 W.P.No.10950 of 2013 RSV(CO) KKV/03/08/2020