P.Ramesh, v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2018
CORAM:
THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.10175 of 2018 P.Ramesh .. Petitioner Vs
1. The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi - 110 001.
2. The Director General, Central Industrial Security Force, Block No.13, CGO Complex, Lodhi Road, New Delhi - 110 003.
3. The Inspector General, Central Industrial Security Force, South East Sector - Head Quarters, East Kolkata Township, Kasba, Kolkata - 107
4. The Commandant, Central Industrial Security Force Unit, GRSEL, Kolkata - 24 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to re-fix the pay scale of Rs.37,000/- with effect from 01.07.2016 in accordance with the Central Service Scale (Revised Pay)
Rules 2016 and pass orders on the representation of the petitioner dated 22.03.2017.
For Petitioner : Mr.M.MD.Ibrahim Ali For Respondents : No appearance
ORDER
This writ petition has been filed by the petitioner seeking a direction to the respondents to dispose of his representation dated 22.03.2017 for refixing his scale or pay from 01.07.2016 in accordance with the Central Service Scale (Revised Pay) Rule, 2016. 2.
The grievance expressed by the petitioner is that he was appointed as Constable (GD) on 09.08.1993 in CISF and transferred to various locations. Meanwhile, notification dated 25.07.2016 was issued by Ministry of Finance under Central Civil Service (Revised Pay) Rules 2016 to fix the 7th pay commission after granting of annual increment to the Government Servants. However, the petitioners' pay has not been re-fixed by the respondents. In accordance with the same, though in similar circumstances, his batchmates in some of the CISF Units, who have the same basic pay and grade like that of petitioner have been fixed with pay after grant of annual increment. In this
regard, the petitioner submitted a representation to the 4th respondent i.e Commandant, CISF Unit GRSEL (K) dated 01.07.2016 and also a detailed representation dated 22.03.2017 which was forwarded to the 2nd respondent on 28.03.2017. Since no response is forthcoming, the petitioner came forward to file this writ petition seeking the relief as stated earlier.
4. Heard the submissions of the learned counsel appearing for the petitioner, so also, perused the material on record.
5. Though, the learned Standing counsel has accepted notice on behalf of respondents 1 to 4, no counter affidavit has been filed and no one has entered appearance on behalf of the respondents today.
6. Considering the nature of relief sought for by the petitioner and without going into the merits of the petitioner's representation, this Court dispose of this writ petition in the absence of any counter affidavit, with a direction to the 2nd respondent to consider and dispose of the petitioner's representation dated 22.03.2017 if it is
pending , in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the representation submitted by the petitioner. No costs. 11.06.2018 Index : Yes / No Internet : Yes / No rka
SATRUGHANA PUJAHARI.,J rka
1. The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi - 110 001.
2. The Director General, Central Industrial Security Force, Block No.13, CGO Complex, Lodhi Road, New Delhi - 110 003.
3. The Inspector General, Central Industrial Security Force, South East Sector - Head Quarters, East Kolkata Township, Kasba, Kolkata - 107
4. The Commandant, Central Industrial Security Force Unit, GRSEL, Kolkata - 24 W.P.No.10175/2018 11.06.2018