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Madras High CourtWP/1619/2025disposed of

M.Alagirisamy v. The Principal Secretary To Government

2025-01-21Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN M.Alagirisamy ... Petitioner ..Vs..

1. The Principal Secretary to Government, Revenue and Disaster Management Department, Services Wing (Ser 2(3) Section), Fort St.George, Chennai - 600 009.

2. The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue Administration and Disaster, Management Department, Chepauk, Chennai - 600 005.

3. The District Collector, Salem District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to consider and pass order on the petitioner's representations dated 21.10.2023 and 24.07.2024 with regard to sanction the increments for the period from 01.10.2015 to 01.10.2022 and pay the arrears of the same within a stipulated time as fixed by this Court.

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For Petitioner : Mr.M.Ramdoss For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed for directing the respondents to consider and pass order on the petitioner's representations dated 21.10.2023 and 24.07.2024 with regard to sanction the increments for the period from 01.10.2015 to 01.10.2022 and pay the arrears of the same within a stipulated time as fixed by this Court.

3. The case of the petitioner is that he was appointed as Junior Assistant on 11.12.1981 on compassionate grounds in the Salem Revenue Unit. Subsequently, the petitioner was promoted as Assistant on 20.11.1992 and further promoted as Deputy Tahsildar on 09.07.2005. Thereafter, the petitioner, while working as Deputy Tahsildar, received a charge memo dated 18.09.2008 for dereliction and negligence in charging 2/6

his duty. Subsequently, on 03.11.2014, the respondent conducted disciplinary proceedings and based on the enquiry report, imposed the punishment of stoppage of increment with cumulative effect for a period of three years. Aggrieved by the said punishment, the petitioner has filed a Writ Petition in W.P. No. 7160 of 2015 before this Court. 3.1. Thereafter, based on the direction of this Court, on 27.11.2019, the respondents passed an order, which was the same as the earlier order dated 03.11.2014. Aggrieved by the said order dated 27.11.2019, the petitioner filed another Writ Petition in W.P. No. 23743 of 2021 before this Court, and the same was allowed by this Court. Subsequently, he made a representation to the respondents requesting them to restore the increment and pay the arrears, but it is pending.

Thereafter, the petitioner attained the age of superannuation, and after retirement, the respondents have paid retirement benefits, except for the arrears of increment. Therefore, the petitioner made representations to the respondents dated 21.10.2023 and 24.07.2024, but as they did not evoke any response, it has necessitated the filing of this Writ Petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the case of the petitioner and pass orders.

5. The learned Special Government Pleader appearing for the respondents submitted that the respondents will consider the representations of the petitioner dated 21.10.2023 and 24.07.2024 in accordance with law, within a time frame fixed by this Court.

6. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the respondents are directed to consider the representations dated 21.10.2023 and 24.07.2024 made by the petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

21.01.2025 Index : Yes/No 4/6

Internet : Yes/No kv To

1. The Principal Secretary to Government, Revenue and Disaster Management Department, Services Wing (Ser 3(3) Section), Fort St.George, Chennai - 600 009.

2. The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue Administration and Disaster, Management Department, Chepauk, Chennai - 600 005.

3. The District Collector, Salem District.

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V.BHAVANI SUBBAROYAN,J.

kv 21.01.2025 6/6