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Madras High CourtWP/3664/2023disposed of

M.Lakshmipathy v. The Government Of Tamil Nadu

2023-02-09Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Lakshmipathy ..

Petitioner vs

1. The Government of Tamil Nadu Rep. By Home Secretary St. George Fort Chennai - 600 009.

2. The Director General of Police Mylapore Chennai - 600 004.

3. The Additional Director General of Police Mylapore, Chennai - 600 004.

4. The Work Manager Police Transport Work Shop cum Training School Avadi, Chennai - 600 054.

..

Respondent Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to re-fix the petitioner pay scale and pay the arrears amount by considering the proceedings of the second respondent vide N.Dis.1507288/GB VI (2)/2021 dated 28.09.2021. For Petitioner :

Mr.S.K.Masthan For Respondents 1 to 3 :

Mr.D.Ravichander Special Government Pleader 1/5

ORDER

This writ petition has been filed for the issue of writ of Mandamus, directing the second respondent to refix the pay scale of the petitioner and to pay arrears by considering the representations made by the petitioner.

2. The case of the petitioner is that he joined as Junior Assistant in the office of the Commissioner of Police in the year 1983. He ultimately retired as an Administrative Officer on attaining superannuation on 31.12.2019. The grievance of the petitioner is that his scale of pay was fixed at Rs.65,000/- and whereas it should have been fixed at Rs.69,000/-, since his immediate junior was receiving this scale of pay.

3. The petitioner made various representations in this regard. It is seen from the proceedings of the second respondent dated 28.09.2021 that there is a wrong fixation of pay and the same requires rectification. However, till date, the rectification has not taken place and hence, the petitioner has approached this Court.

4. Heard Mr.S.K.Masthan, learned counsel appearing for the petitioner and 2/5

Mr.D.Ravichander, learned Special Government Pleader appearing for respondents 1 to 3.

5. Taking into consideration the earlier proceedings of the second respondent dated 28.09.2021 and the grievance expressed by the petitioner, there shall be a direction to the second respondent to immediately act upon the representations sent by the petitioner seeking for refixation of the pay scale of the petitioner and to pay arrears of amount that is due and payable to the petitioner consequent to the refixation. This process shall be completed by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

6. This writ petition is disposed of with the above directions. There will be no order as to costs.

Index: Yes/No 09.02.2023 drm 3/5

To

1. The Home Secretary The Government of Tamil Nadu St. George Fort Chennai - 600 009.

2. The Director General of Police Mylapore Chennai - 600 004.

3. The Additional Director General of Police Mylapore, Chennai - 600 004.

4. The Work Manager Police Transport Work Shop cum Training School Avadi, Chennai - 600 054.

4/5

N.ANAND VENKATESH , J (drm) 09.02.2023 5/5