G.Sathiyamurthy v. The Principal Secreary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.3865 of 2019 G.Sathiyamurthy .. Petitioner Vs.

1.The Principal Secretary State Highways Chennai - 5.

2. The Divisional Engineer, Highways, Ariyalur Division Ariyalur - 621 704.

3. The Divisional Engineer, Highways, Kallakurichi.

4. The Superintending Engineer, Highways Planning Madurai

5. The Divisional Engineer Highways Plan - II Chromepet, Chennai -44.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 2nd respondent to pay all the arrears of monetary and pensionary benefits from 08.01.1985 to till date to the petitioner.

For Petitioner : Mr.Syed Anwar Ahamed For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader.

O R D E R

The relief sought for in the present writ petition is for a direction to direct the 2nd respondent to pay all the arrears of monetary and pensionary benefits from 08.01.1985 to till date to the writ petitioner.

2. The learned counsel for the writ petitioner states that the arrears of pensionary benefits are yet to be settled in favour of the writ petitioner. The communication received by the writ petitioner, which was issued in proceedings dated 07.10.2011, states that the petitioner is eligible to get all such arrears.

3. However, the authorities competent are bound to consider the case of the writ petitioner with reference to the Government Orders and other Pay rules in force.

4. Under these circumstances and without going into the merits of the matter, the 2nd respondent is directed to consider the representation submitted by the writ petitioner on 23.01.2014 and 05.07.2017 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to enclose copy of the representation and other relevant documents and Government order, if any along with the order passed in this writ petition.

6. With these directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Kmm/kak To 1.The Principal Secretary State Highways, Chennai - 5.

2. The Divisional Engineer, Highways, Ariyalur Division Ariyalur - 621 704.

3. The Divisional Engineer, Highways, Kallakurichi.

4. The Superintending Engineer, Highways Planning Madurai

5. The Divisional Engineer Highways Plan - II Chromepet, Chennai -44.

+1 cc to Mr.Sudhakar, Advocate Sr.No.12506 +1 cc to The Government Pleader, Sr.No.12875 W.P.No.3865 of 2019 SV(CO) CSL/12.03.2019