Madras High CourtWP/779/2022disposed of

P.V.Natarajan v. The State Of Tamil Nadu

2022-12-20Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE P.V. Natarajan ..

Petitioner vs.

1. The State of Tamil Nadu Rep. 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, Chenani - 600 004.

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

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

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd and 3rd respondents to step 1/6

up of the scale of pay of the petitioner from Rs.54,100/- to Rs.55,700/- by providing annual increments due for the year 2019, on par with his 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 petitioner and send to the 4th respondent so as enable to sanction pension, by considering the representation dated 16.03.2020.

For Petitioner :

Mr.P.Ganesan For Respondents :

Mr.Stalin Abimanyu, Addl. Govt. Pleader for R1 to R3 Mr.V.Vijayashankar for R4

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 2nd and 3rd respondents to step up the scale of pay of the petitioner from Rs.54,100/- to Rs.55,700/- by providing annual increments due for the year 2019, on par with his juniors as per the Government letter (Ms. No.83), dated 06.02.2019 and prepare afresh proposal for revision of pay and arrears of salary and pension as applicable to the petitioner and send to the 4th respondent so as enable the 4th respondent to sanction pension, by considering the representation dated 16.03.2020, within a time frame to be fixed by this Court. 2/6

2. The petitioner claims that though his juniors scale of pay was stepped up from Rs.54,100/- to Rs.55,700/- by providing annual increments due for the year 2019, on par with his juniors in accordance with Government letter (Ms. No.83), dated 06.02.2019, the same benefit has not been given to the petitioner. In such circumstances, the petitioner has given a representation on 16.03.2020 to the respondents. Since the representation has not been considered, till date, he has filed this writ petition.

3. Heard Mr.P.Ganesan, learned counsel for the petitioner, Mr.Stalin Abimanyu, learned Additional Government Pleader for the respondents 1 to 3 and Mr.V.Vijayashankar, learned counsel for the 4th respondent.

4. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5. The learned counsel for the petitioner also claims that similarly placed persons who had approached this Court by filing writ petitions were also given the benefit as per Government letter (Ms. No.83), dated 06.02.2019, pursuant to directions given by this Court. The said 3/6

statement is recorded.

6. It is for the respondents to consider the petitioner's representation on merits and in accordance with law.

7. For the foregoing reasons, this Court directs the 2nd and 3rd respondents to pass final orders on merits and in accordance with law on the petitioner's representation dated 16.03.2020 seeking for stepping up of his scale of pay from from Rs.54,100/- to Rs.55,700/- by providing annual increments due for the year 2019, on par with his juniors as per the Government letter (Ms. No.83), dated 06.02.2019 and prepare a fresh proposal for revision of pay and arrears of salary and pension as applicable to the petitioner and send to the 4th respondent for sanction, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the aforesaid directions, this writ petition is disposed of. No costs.

20.12.2022 (2/2) Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 4/6

To :

1. The Secretary to Government 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, Chenani - 600 004.

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

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

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ABDUL QUDDHOSE, J.

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