Dr.S.Asokan v. The Branch Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4833 of 2020 Dr. S. Asokan ... Petitioner Vs.

1.The Branch Officer, Office of the Principal Accountant General (A&E), AG'S office complex, No.361, Anna Salai, Chennai - 600 018.

2.The Joint Director, Office of the Collegiate Education, Civil Building, I Floor, Theppakulam Post, Trichy - 620 002.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the first respondent to implement of the order of the second respondent in proceedings No.Na.No.1541/C3/2014 dated 20.03.2014 and consequently direct the first respondent to revise the petitioner's pension in accordance with law.

For Petitioner : Mr. Sivakumar, for M/s.K.M. Vijayan Associates For Respondents : Mr. Vijaya Shankar, for R1 Standing Counsel Mr. Akhil Akbar Ali, for R2 Government Advocate

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to implement the orders that have been passed by the second respondent by his proceedings dated 20.03.2014 and consequently direct the first respondent to revise the petitioner's pension. 2.

The case of the petitioner is that the petitioner was working as Assistant Professor and he retired from service on 31.05.2016. Even while he was in service, the petitioner raised 1/3

an issue regarding the pay anomaly between the petitioner and his junior. This was considered by the second respondent and orders were issued on 20.03.2014. According to the petitioner, the second respondent has directed to re-fix the salary of the petitioner on par with the salary of his immediate junior. This was forwarded to the first respondent and in spite of the same, the first respondent did not re-fix the pension and the order of the second respondent was not taken into consideration. The petitioner made a representation on 25.01.2020 in this regard and the same was not considered, the present writ petition has been filed before this Court.

3.

Heard, learned counsel for the petitioner and the learned counsel for the respondents.

4.

Taking into consideration of the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to immediately take into consideration the proceedings of the second respondent dated 20.03.2014 and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order by re-fixing the pension of the petitioner. The petitioner shall also be granted all the other consequential benefits. The petitioner is directed to make a fresh representation to the first respondent along with a copy of this order. A copy of the representation shall also be marked to the second respondent.

5.

This writ petition is disposed of with the above direction. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar AT To 1.The Branch Officer, Office of the Principal Accountant General (A&E), AG'S office complex, No.361, Anna Salai, Chennai - 600 018.

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2.The Joint Director, Office of the Collegiate Education, Civil Building, I Floor, Theppakulam Post, Trichy - 620 002.

+1 cc to M/s.K.M.Vijayan Associates sr 17321 +1 cc to Government Pleader sr17744 W.P.No.4833 of 2020 aa15/04/2020 3/3