K.Thambidorai, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.04.2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.8280 of 2018 K.Thambidorai .. Petitioner

Versus

1. The District Collector, Vellore.

2. The Sub Collector, Tirupathur, Vellore District.

3. The Tahsildhar, Tirupathur Taluk, Vellore District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 3rd respondent herein to implement the orders of the 2nd respondent herein passed in Na.Ka.A1/3449/2011 dated 03.10.2012 and pay the arrears of salary based on my representation dated 03.01.2017.

For Petitioner : Mr.S.V.Karthikeyan For Respondents : Mr.V.Kadhir Velu Special Government Pleader

O R D E R

The relief sought for in this writ petition is for a direction to direct the 3rd respondent herein to implement the order of the 2nd respondent herein passed in Na.Ka.A1/3449/2011 dated 03.10.2012 and pay the arrears of salary based on the petitioner's representation dated 03.01.2017.

2. The grievance of the writ petitioner is that the order granting selection grade and special grade was granted after his retirement in proceeding dated 03.10.2012. However, the benefit of the same has not been extended to him.

3. The learned Special Government Pleader is of the opinion that the writ petitioner has filed the present writ petition after a lapse of six years from the date of issuance of https://hcservices.ecourts.gov.in/hcservices/

the order in proceedings dated 03.10.2012 and therefore, the claim of the writ petitioner cannot be considered.

4. However, the learned counsel for the writ petitioner states that the writ petitioner has made several representations and none of the representations were considered. Being a retired employee, he was prejudiced because of the non implementation of the order. Even a reply has not been furnished to the writ petitioner. Therefore, he was constrained to move the writ petition.

5. Under these circumstances, without going into the merits of the matter, the 2nd respondent is directed to consider the representation submitted by the writ petitioner on 03.01.2017 and pass 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.

6. The writ petitioner is directed to enclose the copy of representation dated 03.01.2017 and all relevant documents along with the orders passed in the writ petition.

7. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar AT To 1.The District Collector, Vellore.

2. The Sub Collector, Tirupathur,Vellore District.

3. The Tahsildhar, Tirupathur Taluk, Vellore District.

+1cc to Mr.S.V.Karthikeyan, Advocate SR.No.25782 W.P.No.8280 of 2018 KJI(CO) GN(23/04/2018) https://hcservices.ecourts.gov.in/hcservices/