Madras High CourtWP/10975/2025disposed of

Valiullah Sharif v. The State Rep By Its

2025-03-27Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN Md. Valiullah Sharif ... Petitioner -Versus1.The State, Rep. by its, Additional Chief Secretary to Government, Micro, Small and Medium Enterprises (E-II-I), Department, Secretariat, Fort St. George, Chennai - 600 009.

2.M/s.Department of Industries and Commerce, Rep. by its Industries Commissioner and Director, SIDCO Corporate Office Building, Thiru-vi-Ka-Industrial Estate, Guindy, Chennai - 600 032.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents herein to sanction increment for the period from 2008 to 2011 to the petitioner herein in view of G.O.(Ms) No.1460, Finance (FR1) Department dated 19.11.1973 by considering the representation of the petitioner dated 28.01.2025, 04.02.2025 and 10.02.2025.

For Petitioner : Mr.D.Soundar raj For Respondents : Mrs.A.Bakkiyalakshmi, Government Advocate

ORDER

The writ petition has been filed in the nature of a mandamus seeking sanction of increment for the period from 2008 to 2011 to the petitioner by considering the representation of the petitioner dated 28.01.2025.

2. It is represented by the respondents that an order had been passed in Rc.No.31160/EE3/2024 dated 05.03.2025, wherein it had been stated as follows:

"It is informed that the regular panel for the post of Assistant Director (S&S) was approved and you were included regularly as 1 vide G.O(4D).No.6 MSME EI(1) Dept dated 31.05.2016 and posting orders were issued G.O (4D).No.7 MSME EI (1) Dept dated 31.05.2016 and your services were regularized w.e.f 31.05.2016 i.e., date of actual promotion in the promoted post of Assistant Director (S&S).

Your pay was fixed vide Joint Director (Establishment) proc no.18211/EE3/2018 dated 30.12.2019 in the post of Assistant Director (S&S) w.e.f 31.05.2016

i.e., date of your actual promotion and joining in the promoted post of Assistant Director (S&S) in the panel year 2012-13 based on the instructions given by the Government vide letter No.8090/1(1)/2018-9 dated 30.10.2019."

3. Since orders have been passed, Mandamus would not lie. If the petitioner is aggrieved by the order, he may challenge the same in the manner known to law.

4. The Writ Petition stands dismissed. No costs. 27.03.2025 nl Index : Yes/No Speaking order/Non speaking order To 1.The Additional Chief Secretary to Government, Micro, Small and Medium Enterprises (E-II-I), Department, Secretariat,

Fort St. George, Chennai - 600 009.

2.M/s.Department of Industries and Commerce, Rep. by its Industries Commissioner and Director, SIDCO Corporate Office Building, Thiru-vi-Ka-Industrial Estate, Guindy, Chennai - 600 032.

C.V.KARTHIKEYAN, J.

27.03.2025