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Madras High CourtWP/1684/2022disposed of

T.Sivasubramanian v. The State Of Tamil Nadu

2022-03-10Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P. Nos. 1684, 1688, 1691 and 1692 of 2022

1. T. Sivasubramanian ...Petitioner in W.P.No.1684 of 2022

2. V. Sivasankar ...Petitioner in W.P.No.1688 of 2022

3. R. Jaisankar ...Petitioner in W.P.No.1691 of 2022

4. R. Ramakrishnan ...Petitioner in W.P.No.1692 of 2022 Vs.

1. The State of Tamil Nadu, Represented by the Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Office of the Directorate General of Police, Santhome High Road, Chennai - 600 004.

3. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai, Chennai - 600 007.

4. The Accountant General (Accounts & Entertainment), Pension Section, Teynampet, Chennai - 600 018. ...Respondents in all W.Ps. Prayer in all WPs. : Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the 2nd and 3rd respondents to step up of the scale of pay of the petitioners from Rs.54,100/- to Rs.55700/- by providing annual increments dues on par with their juniors as per the government letter (ms) No.83, dated 06.02.2019 and prepare the afresh proposal for revision of pay and arrears of salary and pension which applicable to the petitioners and send to the 4th respondent so as enable to

sanction pension, by the 4th respondent, by considering the representation dated 08.10.2021 and 25.01.2020 respectively. For Petitioners : Mr. P. Ganesan For Respondents : Mr. P. Balathandayutham, Special Government Pleader for R1 to R3 COMMON ORDER The writ petition is filed for the issuance of a writ of mandamus directing the 2nd and 3rd respondents to step up of the scale of pay of the petitioners from Rs.54,100/- to Rs.55700/- by providing annual increments dues on par with their juniors as per the government letter (ms) No.83, dated 06.02.2019 and prepare the afresh proposal for revision of pay and arrears of salary and pension which applicable to the petitioners and send to the 4th respondent so as enable to sanction pension, by the 4th respondent, by considering the representation dated 08.10.2021 and 25.01.2020 respectively.

2.According to the writ petitioners, they are entitled for the revised scale of pay on par with their juniors. Hence, they made representations dated 08.10.2021 and 25.01.2020 to the respondents.

3.The learned Government Pleader appearing for the respondents on instructions submitted that recovery has been initiated against one Umapatti in whose favour revised scale of pay was granted. In sofar as others are concerned, the amount has already been recovered. Therefore, the petitioners cannot seek similar relief on par with their juniors. However, respondents have accepted that no orders have been passed on the petitioners' representations.

4. In view of the above, this court is of the view that the petitioners are not entitled for the similar relief. However, on considering the said request made by the petitioners for revised the scale of pay on par with their juniors, respondents shall give opportunity to the petitioners and consider the said request and in case of any discrepancy, it is for the respondents to give the appropriate reasons. If any additional particulars, the same shall be submitted by the petitioners within a period of one week from the date of receipt of a copy of this order. Therefore, respondents are directed to pass appropriate orders in accordance with law and communicate the same to the writ petitioners for their representations dated 08.10.2021 and 25.01.2020. The said exercise shall be completed

within a period of 12 weeks thereafter.

5. With the above directions, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrn To

1. The Secretary to Government, The State of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Office of the Directorate General of Police, Santhome High Road, Chennai - 600 004.

3. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai, Chennai - 600 007.

4. The Accountant General (Accounts & Entertainment), Pension Section, Teynampet, Chennai - 600 018.

+1cc to Mr.P.Ganesan, Advocate, S.R.No.16160 +1cc to the Government Pleader, S.R.No.17022 W.P. Nos. 1684, 1688, 1691 and 1692 of 2022 MT(CO) RGA(31/03/2022)