Madras High CourtWP/1129/2016disposed of

K.Jambulingam, v. The Government Of Tamil Nadu,

2016-01-12Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.1129 of 2016 1.K.Jambulingam 2.R.Rajeswari 3.G.Vijayarangan 4.E.Ramalingam 5.M.R.Veerasamy 6.A.Sivasankaran 7.S.Shanmugam ...

Petitioners Vs 1.The Government of Tamil Nadu represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.

2.The Director of Rural Development Department, Panagal Building, Saidapet, Chennai 600 015.

3.The District Collector, Villupuram District.

4.The District Collector, Coimbatore District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus to direct the respondents herein to pay two increments for the training period in the post held by the petitioners/2nd petitioner's husband herein as on 30.07.1992 continuously upto the date of retirement of the petitioners/2nd petitioner's husband and consequently take into account the said increments in the pensionary benefits and in the monthly pension/family pension of the petitioners and pay all monetary and other attendant benefits as paid to others through G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in WP.Nos.33981/2005 and 39046/2005 dated 05.07.2011.

For Petitioners :

Mr.K.Raja For Respondents :

Mr.S.Gunasekaran, GA

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner has filed this writ petition seeking a direction to the respondents to pay two increments for the training period in the post held by the petitioners/2nd petitioner's husband herein as on 30.07.1992 continuously upto the date of retirement of the petitioners/2nd petitioner's husband and consequently take into account the said increments in the pensionary benefits and in the monthly pension/family pension of the petitioners and pay all monetary and other attendant benefits as paid to others through G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance with the order of this Court dated 05.07.2011 passed in WP.Nos.33981/2005 and 39046/2005. 3.

For claiming the said relief, the petitioners made representations dated 25.01.2015 and 28.12.2015 to all the respondents. According to the petitioners, the same are yet to be disposed of. Therefore, the petitioners approached this court with the present writ petition for the above stated relief. 4.Learned counsel for the petitioners submitted that it would suffice, if a direction is issued to the respondents to consider the petitioners' representation dated 28.12.2015 within a stipulated time fixed by this Court.

5.On the other hand, Mr.S.Gunasekaran, learned Government Advocate, who took notice for the respondents submitted that no such representation has been received by the respondents and no acknowledgement has been enclosed by the petitioner along with this writ petition for service of the same.

6.In view of the above, without going into the merits of the case, the petitioners are permitted to submit a copy of the representation dated 28.12.2015 along with the copy of this order to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of such

representation, the same shall be considered and disposed of by the respondents on merits and in accordance with law and also in the light of G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013, within a period of ten weeks thereafter. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rk To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.

2.The Director of Rural Development Department, Panagal Building, Saidapet, Chennai 600 015.

3.The District Collector, Villupuram District. 4.The District Collector, Coimbatore District. +1 C.C to Mr.S.Gunasekaran, GA SR.No.2450 +1 C.C to Mr.K.Raja, Advocate SR.No.2178 W.P.No.1129 of 2016 SAI(CO) RA(02.02.2016)