N.Revathi Bai v. The Commissioner Of Tourism

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Revathi Bai ... Petitioner -vsThe Commissioner of Tourism Tourism Department Tourism Complex No.2, Wallajah Road (Near D-1 Police Station) Chennai - 600 002.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider the Petitioner's representation dated 03.09.2022 and sanction the arrears of 5% of the basic pay, as per G.O. No. 143, Finance (Salary) Department dated 03.06.2014 which the Petitioner is lawfully entitled to. For Petitioner :

Mr. V.P.Sengottuvel Senior Counsel for Ms. K.Indu Priya For Respondent :

Mr. B.Vijay Additional Government Pleader

O R D E R

Heard Mr. V.P.Sengottuvel, Learned Senior Counsel, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader, 1/5

who takes notice for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that she had made a representation dated 03.09.2022 to the Respondent for sanction and disbursement of 5% personal pay to her as per G.O. No. 143, Finance (Salary) Department dated 03.06.2014 issued by the Government of Tamil Nadu, but as it did not evoke any response, she has filed this Writ Petition. 3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 03.09.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

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(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain her position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

06.03.2023 Maya Index: Yes/No Note: Issue order copy by 05.06.2023 3/5

To The Commissioner of Tourism Tourism Department Tourism Complex No.2, Wallajah Road (Near D-1 Police Station) Chennai - 600 002.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

Maya W.P. No. 6937 of 2023 Dated : 06.03.2023 5/5