V.Premasudha v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Premasudha ... Petitioner -vs1. The Government of Tamil Nadu, Rep. by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2. The Director, Rural Development and Panchayat Raj Department, Panagal Maligal, 4th and 5th Floor, Abdul Razak St, Saidapet, Chennai - 600 015.
3. The District Collector, Chengalpattu District, Collectorate GST Road, Chengalpattu - 603 001.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to grant two advance increments to the Petitioner with effect from date of her joining the Department and consequently to revise the Petitioner's basic pay and further to pay all consequential arrears.
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For Petitioner : Mr. Deivanandam For Respondents : Mr. B.Vijay, Additional Government Pleader
O R D E R
Heard Mr. Deivanandam, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader, who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
Though the Writ Petition has been filed for directing the Respondents to grant two advance increments to the Petitioner with effect from her date of joining the Department and to consequently revise her basic pay and pay all consequential arrears, Learned Counsel for the Petitioner submits that the Petitioner would be satisfied, if the representation dated 28.12.2022 made by her in that regard is directed to be disposed by the concerned authority within the time limit that may be fixed by the Court. 3.
Having regard to the limited nature of relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- 2/5
(i) the concerned authority shall immediately examine the representation dated 28.12.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.
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In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs. 28.04.2023 skr Index: Yes/No Note: Issue order copy by 02.06.2023.
To
1. The Secretary to Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2. The Director, Rural Development and Panchayat Raj Department, Panagal Maligal, 4th and 5th Floor, Abdul Razak St, Saidapet, Chennai - 600 015.
3. The District Collector, Chengalpattu District, Collectorate GST Road, Chengalpattu - 603 001.
Copy to The Registrar (Judicial), Madras High Court, Chennai.
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P.D. AUDIKESAVALU, J.
skr 28.04.2023 5/5