N.Annadurai v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.9330 of 2024 N.Annadurai ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Principal Secretary, School Department, Fort St.George, Chennai - 600 009.

2. The Director of Public Libraries, Public Library Department, No.737/1, Anna Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 2nd respondent to pay the periodical increments to the petitioner from 01.04.2021 up to date as per the current revised pay level, within time limit stipulated by this Court.

For Petitioner :

Mr.S.Sathia Chandran For Respondents :

Mrs.S.Mythreye Chandru Special Govt. Pleader

ORDER

This writ petition is filed for a mandamus directing the 2nd respondent to pay the periodical increments to the petitioner from 1/4

01.04.2021 up to date as per the current revised pay level, within the time limit stipulated by this Court.

2. Mr.S.Sathia Chandran, learned counsel appearing on behalf of the petitioner would submit that in this case, only because a charge memorandum is pending, the respondents have not sanctioned the periodical increment to the petitioner.

3. A mere pendency of the charge memorandum cannot be a ground for withholding the increment. There is no other impediment for the respondents to withhold the increment.

4. Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing on behalf of the respondents would submit that, as a matter of fact since the petitioner was reinstated into service, there is an administrative delay in granting his increment and the same is under process and the same would be granted within a reasonable time as may be directed by this Court.

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5. In view thereof, this writ petition is disposed of on the following terms:

1. The respondents shall complete the exercise of granting the periodical increments and fixing the pay of the petitioner and paying all the arrears within a period of eight (8) weeks from the date of receipt of a copy of this order.

2. The respondents shall also expedite the disciplinary enquiry and complete the same within a period of three (3) months from the date of receipt of a copy of this order.

3. No costs.

05.04.2024 Index: Yes/No Speaking Order: Yes/No mp To

1. The State of Tamil Nadu, Rep. by the Principal Secretary, School Department, Fort St.George, Chennai - 600 009.

2. The Director of Public Libraries, Public Library Department, No.737/1, Anna Salai, Chennai - 600 002.

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D.BHARATHA CHAKRAVARTHY, J.

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