P.Durairaj, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.02.2017
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.4871/2017 P.Durairaj ..
Petitioner
Versus
1.The Secretary to Government Government of Tamil Nadu Rural Development & Panchayat Raj Department, Fort St George Chennai 600 009.
2.The Commissioner of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai 600 015.
3.The Principal Accountant General [A&E] Tamil Nadu, No.361, Anna Salai Chennai 600 018.
4.The District Collector District Collectorate Office Coimbatore District, Coimbatore.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 4th respondent to consider the representation of the petitioner dated 25.01.2016 in view of G.O.Ms.No.333, dated 18.06.2015. For Petitioner :
Mr.P.Subbaraj For RR 1,2&4 :
Mr.K.Dhananjayan, Spl.GP For R3 :
Mr.V.Vijayshankar
ORDER
By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents 1, 2 and 4 and Mr.V.Vijayshankar, learned Standing counsel accepts notice on behalf of the 3rd respondent.
The petitioner along with 31 others, on an earlier occasion, had filed WP.No.26051/2014, praying for issuance of a writ of mandamus, directing the respondents therein to count two years Rural Welfare Officer Training period undergone by them for grant of increment in the post in which they were holding as on 30.07.1992 and consequently, to refix their pay and pension together with arrears of pay and pension and the said writ petition was disposed of vide order dated 24.09.2014, by directing the respondents to count the period spent by the petitioners therein in the Rural Welfare Officer Traiing as qualifying service for pension and pay, arrears of pension and other benefits within the stipulated time. Accordingly, the 1st respondent had issued G.O [1P] No.333, dated 18.06.2015.
The grievance expressed by the petitioner si that in his Service Record, the first page has been deliberately torn and though he has enclosed necessary certificates, no orders have been passed and in this regard, the petitioner has also submitted representations to the 4th respondent on 25.01.2016 and 16.06.2016 respectively and in spite of receipt and acknowledgment, no orders have been passed and hence, the petitioner came forward to file the present writ petition. Heard the learned counsel appearing for the petitioner ; Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents 1, 2 and 4 and Mr.V.Vijayshankar, learned Standing Counsel appearing for the 3rd respondent.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 4th respondent to consider and dispose of the petitioner's representations dated 25.01.2016 and 16.06.2016 respectively, on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
The Writ petition stands disposed of with the above direction. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar AP
To 1.The Secretary to Government Government of Tamil Nadu Rural Development & Panchayat Raj Department, Fort St George Chennai 600 009.
2.The Commissioner of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai 600 015.
3.The Principal Accountant General [A&E] Tamil Nadu, No.361, Anna Salai Chennai 600 018.
4.The District Collector District Collectorate Office Coimbatore District, Coimbatore.
+1 cc to the Government Pleader sr 13415 +1 cc to M/s.P.Subbaraj Advocate sr 13425 WP.No.4871/2017 saI(co) aa13/03/2017