S.Rajendran, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.16001 of 2015 S.Rajendran .. Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by the its Secretary to Government, Revenue Department, Secretariat, Chennai-9.

2. The Principal Commissioner and the Commissioner of Revenue Administration, Chepauk, Chennai-5.

3. The District Collector, Salem District, Salem.

4. The Revenue Divisional Officer, Mettur, Salem District.

5. The Principal Accountant General (A&E), Tamil Nadu, Chennai-18.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to grant annual increments from the date of initial appointment of the petitioner (i.e. 19.08.1998) and accordingly refix his pay with all benefits and to disburse the arrears thereon and to grant him all retirement and pensionary benefits, including DCRG; Cumulative Pension; surrender of earned leave encashment; regular pension arrears etc., along with payment of regular monthly pension with interest on all the delayed payments.

For Petitioner :

Mr.M.Ravi For Respondents:

Mr.S.Gunasekaran, Government Advocate - - - - -

ORDER

Though the prayer in the writ petition is widely made, the learned counsel appearing for the petitioner has made a narrow prayer during the hearing of the writ petition. Hence, the writ petition is disposed of at the admission stage itself.

2. Mr.S.Gunasekaran, learned Government Advocate takes notice for the respondents.

3. The case of the petitioner is that he was working as Part time Village Officer before the said post was abolished by the Government on 14.11.1980. Thereafter, he was appointed as Village Administrative Officer on 17.08.1998.

He joined duty on 19.08.1998. The first respondent issued G.O.(D) No.287, Revenue (Service - 7 (1)) Department, dated 22.10.2012 regularising the service of the petitioner as Village Administrative Officer with effect from 19.08.1998. He reached the age of superannuation on 28.02.2013. Accordingly, he retired from service.

4. The grievance of the petitioner is that he was not granted annual increments for the service rendered from 1998 to 2013. Hence, he made a representation dated 16.02.2015 to the first respondent to fix his pensionary benefits and to pay the arrears thereof with interest within a time frame. Since no order is passed by the first respondent, the petitioner has filed this writ petition.

5. Learned counsel appearing for the petitioner has submitted that the first respondent may be directed to dispose of the representation of the petitioner dated 16.02.2015 within a time frame.

6. In view of such a narrow prayer made, the writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 16.02.2015, and pass appropriate 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. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The Secretary to Government, The Government of Tamil Nadu, Revenue Department, Secretariat, Chennai-9.

2. The Principal Commissioner and the Commissioner of Revenue Administration, Chepauk, Chennai-5.

3. The District Collector, Salem District, Salem.

4. The Revenue Divisional Officer, Mettur, Salem District.

5. The Principal Accountant General (A&E), Tamil Nadu, Chennai-18.

+1 cc to Mr.M.Ravi, Advocate,SR.27349.

+1 cc to Government Pleader,SR.27479.

Kk(co) krd 19/6 W.P.No.16001 of 2015