R.Radhakrishnan, Driver v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5317 of 2017 R.Radhakrishnan ..Petitioner Vs
1. The Commissioner, Commissionarate Municipality (Administration), Ezhilagam, Chepauk, Chennai - 5.
2. The Commissioner, Ambur Municipality, Vellore District.
3. The Regional Director, Municipal Administration, Vellore District.
4. The Secretary to the Tamil Nadu Government, Municipal Administration and Supply of Drinking water (Na.Ka.3) Department, Secretariate, Fort St.George, Chennai - 5.
..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to fix the time scale and to give the payment and consequential relief from 27.08.2002 to 23.02.2006 on the requisition during in the 11th month of 2012 by the petitioner.
For Petitioner :
Mr.J.Rajendran For Respondents: Ms.M.E.Raniselvam, Additional Government Pleader.
ORDER
By consent, the writ petition is taken up for final disposal. Ms.M.E.Raniselvam, learned Additional Government Pleader accepts notice on behalf of the respondents.
2. The grievance expressed by the petitioner is that the 4th respondent, by communication dated 24.09.2002, though fixed the time scale pay from the consolidated pay payable to him in the capacity as a Driver in the Public Health department, Ambur Municipality, Vellore, the said benefit ought to have been fixed from 27.08.2002, the date on which, he has completed one year of service on consolidated pay. In this regard, he has also submitted a representation dated 11.11.2012 in person and it is yet to be considered and disposed of and accordingly, came forward to file this writ petition.
3. Heard the submission of the learned counsel for the petitioner and Ms.M.E.Raniselvam, learned Additional Government Pleader appearing for the respondents.
4. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner, permits the petitioner to submit one more representation to the respondents 2 and 3 within a period of two weeks from the date of receipt of a copy of this order and upon receipt of the same, the 2nd and 3rd respondents are directed to consider the said representation on merits and in accordance with law and pass orders within a period of ten weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsi
To
1. The Commissioner, Commissionarate Municipality (Administration), Ezhilagam, Chepauk, Chennai - 5.
2. The Commissioner, Ambur Municipality, Vellore District.
3. The Regional Director, Municipal Administration, Vellore District.
4. The Secretary to the Tamil Nadu Government, Municipal Administration and Supply of Drinking water (Na.Ka.3) Department, Secretariate, Fort St.George, Chennai - 5.
+1cc to Mr.Rajendran, Advocate, S.R.No.13670 +1cc to the Government Pleader, S.R.No.14267 SV(CO) RS(20/03/2017) W.P.No.5317 of 2017