Madras High CourtWA/736/2017disposed of

A.Chandrakesan v. The Director

2017-07-04Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 4.7.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE G.JAYACHANDRAN W.A.No.736 of 2017 A.Chandrakesan ... Appellant

Versus

1 The Director Rural Development and Panchayat Department Panagal Building Saidapet Chennai 15 2 The Director General (Highways) Chepauk Chennai 5 3 The Chief Engineer (General) Highways Department Chepauk Chennai 5 4 The Superintending Engineer Highways (Construction and Maintenance) Villupuram 5 The Divisional Engineer Highways Department (Construction and Maintenance) Kallakurichi Villupuram District 6 The District Collector Villupuram 7 The Block Development Officer Panchayat Union Kanai Villupuram District 8 The Principal Account General 361 Anna Salai Chennai 18 ... Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 3.4.2017 passed in W.P.No.7729 of 2017 on the file of this court.

W.P.No.7729 of 2017:- Writ Petition under Article 226 of the constitution of India to issue a Writ of Mandamus directing the respondents to extend the benefits of G.O. Ms. No.856 Public Works Department dated 1.6.1977 by notionally promoting the petitioner to the post of Road Inspector Grade I with effect from 25.9.1985 and consequently revise his pay and other benefits including the pensionary benefits in the light of the order passed by this Court in W.P.No.7738 of 2008 and batch of cases dated 12.12.2012 in accordance with law For appellant : Mrs.Lakshmi Devi Somanath for Mr.C.D.Johnson For R1 to R7 : Mr.R.Prathapkumar, AGP

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and Mr.R.Prathapkumar, learned Additional Government Pleader who takes notice for respondents 1 to 7.

2. It appears that after retirement of 9 long years, the petitioner is seeking the benefit of G.O.Ms.No.856, Public Works Department, dated 1.6.1977, which the Government has not taken note of while calculating the retirement benefits of the petitioner and hence, the petitioner is seeking extension of such benefits to him. It is also brought to the notice of the court that similarly placed persons were extended such benefits. However, it seems that there is inordinate delay on the part of the appellant in seeking the benefits. Therefore, considering the delay on the part of the appellant/petitioner, the respondents are directed to calculate the benefit sought by the appellant/petitioner from the date of this order, without any arrears for the period prior to this order, within a period of two months from the date of receipt of a copy of this order.

3. The writ appeal ordered accordingly in modification of the order of the learned Single Judge. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

ssk.

To:

1 The Director Rural Development and Panchayat Department Panagal Building Saidapet Chennai 15 2 The Director General (Highways) Chepauk Chennai 5 3 The Chief Engineer (General) Highways Department Chepauk Chennai 5 4 The Superintending Engineer Highways (Construction and Maintenance) Villupuram 5 The Divisional Engineer Highways Department (Construction and Maintenance) Kallakurichi Villupuram District 6 The District Collector Villupuram 7 The Block Development Officer Panchayat Union Kanai Villupuram District 8 The Principal Account General 361 Anna Salai Chennai 18 +1cc to Mr.C.D.Johnson, Advocate Sr. 46262 +1cc to the Government Pleader Sr. 46646 W.A.No.736 of 2017 KS(CO) VR(18/8/2017)