M.Balasubramanian v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Balasubramanian
...Petitioner
-Vs1. Union of India rep.by Director General, Railway Protection Force Ministry of Railways Railway Road Rail Bhavan New Delhi - 110 001.
2. Inspector General-cum-Principal Chief Security Commissioner Railway Protection Special Force Force Head quarters RPSF Lines, Daya Basti New Delhi - 110 035.
3. Principal Financial Advisor Office of the General Manager Head Quarters Office Southern Railway Park Town, Chennai - 600 003.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus to call all the records leading to the issuance of (1) Order No.2019/Sec(ABE)/PEN-Misc/4/2 dated 29.05.2019 by the 1st respondent and (2) Order No.P.500/HQ/ Pension/Grievance dated 05.10.2020 by the 3rd respondent and quash and set aside the above mentioned impugned orders, consequently to direct the respondents to grant one notional increment as on 1st July of the year of the petitioner's retirement (i.e. 01.07.2013) and rework the Pensionary Benefits and other retiral benefits based on the last pay arrived at after grant of Notional Increment.
For Petitioner : Mr.R.Pandian For Respondents : Mr.R.Subramanian Additional Central Government Standing Counsel for R1 & R2
ORDER
This Writ Petition has been filed challenging the order dated 29.05.2019 in Order No.2019/Sec(ABE)/PEN-Misc/4/2 passed by the first respondent, subsequent to the order dated 05.10.2020 in Order No.P.500/HQ/ Pension/Grievance passed by the third respondent, thereby rejected the request made by the petitioner seeking one notional increment for the purpose of pensionary benefits.
2. Heard Mr.R.Pandian, learned counsel appearing for the petitioner and Mr.R.Subramanian, learned Additional Central Government Standing Counsel appearing for the respondents 1 & 2 and perused the materials available on record.
3. Though the petitioner challenged the order dated 05.10.2020 passed by the third respondent, subsequently, the petitioner submitted a representation based on the order passed by the Hon'ble Supreme Court of India in the case of Union of India and another Vs.M.Siddaraj in SLP (C) No.4722 of 2021.
4. In view of the above, the respondents are directed to consider the representation submitted by the petitioner, in the light of the order passed by the Hon'ble Supreme Court of India in SLP(C) No.4722 of 2021, and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 28.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J, Lpp To
1. The Director General, Railway Protection Force Ministry of Railways Railway Road Rail Bhavan New Delhi - 110 001.
2. Inspector General-cum-Principal Chief Security Commissioner Railway Protection Special Force Force Head quarters RPSF Lines, Daya Basti New Delhi - 110 035.
3. Principal Financial Advisor Office of the General Manager Head Quarters Office Southern Railway Park Town, Chennai - 600 003.
28.03.2024