Madras High CourtWP/15510/2016dismissed as infructuous

P. Nelson v. The Registrar

2017-04-11Honourable Mr Justice M.Thanikachalam (Lok-Ii)2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee, Tuesday the 11th day of April 2017 LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. JUSTICE M.THANIKACHALAM (Retd.) and Members Mr.M.Sambasivam Mr.M.Dhamodharan W.P.No.15510 of 2016 Writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus or any other appropriate writ directing to dispose the representation of the petitioner dated 08.01.2016 and ordering the respondent to extend the financial benefit which was notionally fixed with effect from 01.07.1982.

P. Nelson, S/o Vasudevan, Dr. Seethapathy Nagar, Velachery Chennai - 600 042.

...Petitioner

Vs.

The Registrar, Indian Institute of Technology Madras, Chennai.

...Respondent

This case is listed today. Dr.D.K.V. Gangatharan, Counsel for the petitioner present. At request of the learned counsel for the petitioner this case was taken up for hearing.

O R D E R

The petitioner who was working as Senior Technical Assistant, IIT, Madras retired from the service on 31.03.2009. It appears that there was some pay anomaly, for that the petitioner had filed writ petition. The anomaly was removed by Board of Directors, IIT, Madras who fixed the notional pay since 01.07.1982 but it has been effected only from 15.07.2013 in his pension. Seeking that a direction may be issued to the respondent he has filed the writ petition No.15510 of 2016 https://hcservices.ecourts.gov.in/hcservices/

directing the respondent to dispose the representation of the petitioner dated 08.01.2016 and ordering the respondent to extend the financial benefit which was notionally fixed with effect from 01.07.1982. During the pendency of the case the respondent negatived the petitioner claim as per the letter dated 09.11.2016. He has to challenge the impunged order in a fresh writ petition, in the High Court of Madras if advised. Hence this writ petition has become infructuous and dismissed accordingly, giving liberty to the petitioner to file another writ petition to challenge the impunged order dated 09.11.2016 for the above relief, if advised.

-s/d- -s/dP. Nelson Counsel for petitioner -s/dJudge -s/d- -s/dMember Member -s/dAssistant Registrar True Copy Sub-Assistant Registrar To : The parties/Advocate concerned Copy to:

1. The Secretary, High Court Legal Services Committee, Chennai.

2. The Section Officer, Writ Section, High Court, Madras.

3. The Section Officer, Lok Adalat Section, High Court, Madras.+2Copies

4. The Section Officer, Writ Section, High Court, Madras. W.P.No.15510 of 2016 aa02/05/2017 https://hcservices.ecourts.gov.in/hcservices/