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Madras High CourtWP/3758/2023disposed of

R.Munuswamy v. The Director General Of Police

2023-02-10Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3758 of 2023 R.Munuswamy ... 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 - 7.

... 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 23.12.2022 to fix the basic salary at the time of retirement dated 31.05.2019 on par with the similarly placed persons.

For Petitioner : Mr.V.Lakshmi Narayanan For Respondents : Mrs.E.Indhumathi Government Advocate Page No.1 of 4

ORDER

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 23.12.2022 wherein the petitioner has sought for re-fixation of his basic salary and for consequential increase in the pensionary benefits. 2.The case of the petitioner is that he joined the police force in the year 1986 as a constable. He ultimately retired on 31.05.2019 after reaching the age of superannuation in the post of Sub Inspector. 3.The further case of the petitioner is that his pension was calculated based on the last drawn salary of Rs.54,100/-. However, the petitioner found that the officers, who are similarly placed, were receiving a higher pension, since their last drawn pay was fixed at Rs.55,700/-. 4.In view of the above, the petitioner made representation to the respondents to re-fix his last drawn pay in line with the similarly placed officers. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. Page No.2 of 4

5.Heard Mr.V.Lakshmi Narayanan, learned counsel appearing on behalf of the petitioner and Mrs.E.Indhumathi, learned Government Advocate appearing on behalf of the respondents. 6.Taking into consideration, the limited relief sought for by the petitioner and without going into the merits of the case, there shall be a direction to the respondents to consider the representation made by the petitioner on 23.12.2022 and deal with the same on its own merits and a decision shall be taken within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the respondents along with all the relevant documents and also a copy of this order.

7.This writ petition is allowed with the above directions. No Costs. 10.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No sp Page No.3 of 4

N. ANAND VENKATESH, J.

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

2.The Commissioner of Police, Chennai City, Vepery, Chennai - 7.

W.P No.3758 of 2023 10.02.2023 Page No.4 of 4