P.Prabhakaran v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2604 of 2023 P.Prabhakaran Petitioner vs.

1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai.

2.The Commissioner of Police, Chennai City, Vepery, Chennai.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 28.12.2022 to fix the basic salary at the time of retirement dated 31.05.2022 on par with the similarly placed persons.

For Petitioner : Mr.V.Lakshmi Narayanan For Respondents : Mr.E.Sundaram Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 28.12.2022, wherein, the petitioner has sought for refixation of his basic salary on par with similarly placed employees. 2.The case of the petitioner is that he joined the Police Department in the year 1982 as a Constable. On completion of 40 years of service, the petitioner retired after attaining superannuation on 31.05.2022. After retirement, the pension of the petitioner was calculated by fixing the last drawn salary as Rs.59,100/-. The grievance of the petitioner is that the police officers, who retired along with the petitioner and who were also holding the same cadre, got a higher pension, since their last drawn salary was fixed at Rs.

60,900/- In view of the above, the petitioner made a representation on 28.12.2022 to rectify this anomaly. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Heard Mr.V.Lakshmi Narayanan, learned counsel appearing on behalf of the petitioner and Mr.E.Sundaram, learned Government Advocate appearing on behalf of the respondents.

4.Taking into consideration the limited relief sought in the present writ petition and without going into the merits of the case, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 28.12.2022 and deal with the same on its own merits and in accordance with law and take a decision, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

5.In the result, this writ petition is disposed of with the above direction. No Costs.

02.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

N. ANAND VENKATESH, J.

ssr To The Provident Fund Officer, Employees Provident Fund Organization, No.37, Royapettah High Road, Opposite Hotel Swagath, Azad Nagar, Royapettah, Chennai - 600 014.

W.P No.2604 of 2023 02.02.2023