S.Abdul Basheer, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20-02-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4340 of 2018 S.Abdul Basheer ..

Petitioner - Vs. -

1. The Principal Secretary/ Commissioner of Commercial Taxes, Chepauk, Chennai-600 005.

2. The Chairman, Sales Tax Appellate Tribunal, Chennai-104.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the representation dated 1.9.2014, which was duly forwarded by the second respondent vide proceedings Na.Ka. No.4930/10/E1 dated 4.9.2014, seeking grant of the annual increments fallen due as on 1.1.2017, 1.1.2009 and 1.1.2010 on merits and as per law. For Petitioner : MrL.Chandrakumar For Respondents : Mr.M.Hariharan, Additional Government Pleader(Taxes)

O R D E R

The grievance of the writ petitioner is that the annual increments due to the writ petitioner has not been paid.

2. In this regard, the second respondent, in proceedings dated 4.9.2014, has forwarded the claim of the writ petitioner to the competent authority/first respondent. In spite of the recommendation, no decision has been taken by the competent authority/first respondent in respect of the annual increments to be paid to the writ petitioner in accordance with the Rules.

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3. Thus, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioner on 1.9.2014 and pass orders on merits and in accordance with law, within a period of twelve weeks form the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the said representation and all other relevant documents, if any, along with the order passed in this writ petition.

4. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Svn To

1. The Principal Secretary/ Commissioner of Commercial Taxes, Chepauk, Chennai-600 005.

2. The Chairman, Sales Tax Appellate Tribunal, Chennai-104.

+1cc to Mr.L.Chandrakumar, Advocate, S.R.No.15907 +1cc to the Government Pleader, S.R.No.16407 WP.No.4340 of 2018 RK(CO) CS/25/03/2019 https://hcservices.ecourts.gov.in/hcservices/