M.Thambiran v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM:
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Thambiran .. Petitioner vs 1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai.
2.The Commissioner of Police, Chennai City, Vepery, Chennai - 7.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider and pass order on the petitioner's representation dated 15.12.2022 to fix the basic salary at the time of retirement dated 31.12.2018 on par with the similarly placed persons and pass any such further or other orders as this Court deems fit in the circumstances of the case.
For Petitioner :
Mr.V.Lakshmi Narayanan For Respondents :
Mr.R.U.Dinesh Rajkumar Additional Government Pleader 1/5
ORDER
1.
This writ petition has been filed for a mandamus seeking for a direction to the respondents to pass final orders on the petitioner's representation dated 15.12.2022 seeking to fix his basic salary at the time of retirement dated 31.12.2018 on par with the similarly placed persons.
2.
According to the petitioner, even though the date of appointment and the date of retirement of the similarly placed employees are one and the same, the petitioner's salary fixed on the date of retirement i.e. 31.12.2018 is lower than that of the similarly placed employees. In such circumstances, he has given the representation dated 15.12.2022 to re-fix his basic salary at the time of retirement dated 31.12.2018 on par with similarly placed employees. Since the representation was not considered till date, he has filed this writ petition.
3.
Heard Mr.V.Lakshminarayan, learned counsel for the petitioner and Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader accepts notice on behalf of the respondents. 2/5
4.
No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this Court. This court is not expressing any opinion on the merits of the petitioner's claim. 5.
For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 15.12.2022 to refix his basic salary at the time of retirement dated 31.12.2018 on par with similarly placed persons within a period of twelve weeks from the date of receipt of a copy of this order.
6.
With the aforesaid direction, this writ petition is disposed of. No costs.
06.01.2023 Index:Yes/No ssm 3/5
To 1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai.
2.The Commissioner of Police, Chennai City, Vepery, Chennai - 7.
4/5
ABDUL QUDDHOSE,J.
ssm 06.01.2023 5/5