Mohammed Niyamathullah v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2017

CORAM

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.10962 of 2017 Mohammed Niyamathulla Khazi ... Petitioner Vs.

1.The Secretary, Home (Courts-V) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Secretary, Finance Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

3.The Registrar General, High Court of Judicature at Madras, Chennai - 600 104.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 1st and 2nd respondents to consider the representations dated 28.07.2016 and 09.09.2016 of the petitioner, which have been considered by the 3rd respondent and proposed thereof has been forwarded by the 3rd respondent to the 1st respondent in R.O.C.No.56273 of 2016, Estt.-IV, dated 17.10.2016, copy of which was not furnished to the petitioner, within the time to be fixed by the Hon'ble Court. For Petitioner : M/s.Shabnam For Respondents : Mr.Akhil Akbar Ali for R1 and R2 Government Advocate Mr.R.Vijayakumar for R3

O R D E R

(Order of the Court was made by RAJIV SHAKDHER,J.) 1.The only issue, which arises, in this case, is, as to whether the petitioner ought to be granted notional increment for the period, he did not have the necessary qualification. 2.The petitioner, admittedly, has made representations, in that behalf, dated 28.07.2016 and 09.09.2016. 2.1.These representations, which were received by respondent no.3, i.e., The Registrar General, have already been forwarded to respondent nos.1 and 2.

3.Evidently, no final order has been passed, by respondent nos.1 and 2. In these circumstances, respondent nos.1 and 2, are directed to pass a final order, with regard to the representations, filed by the petitioner, as expeditiously as possible, though not later than, three weeks, from today. 4.The writ petition is accordingly disposed of. No costs. 4.1.List 'for compliance' on 29.01.2018.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar pri To 1.The Secretary, Home (Courts-V) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Secretary, Finance Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

3.The Registrar General, High Court of Judicature at Madras, Chennai - 600 104.

4. The Section officer, writ section, high court madras.

+1cc to MR.SHABNAM Advocate, S.R.No. 88733 +6cc to MR.SHABNAM Advocate, S.R.No. 88733(15.12.17) W.P.No.10962 of 2017 TR(13/12/2017)