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Madras High CourtWP/14749/2017disposed of

N.Senthilkumar v. The Director

2017-06-20Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.06.2017 Coram:

The Hon'ble Mr. Justice T. Raja W.P.No. 14749 of 2017 N.Senthilkumar ... Petitioner

Versus

The Director, O/o. The Survey and Settlement, Ezhilagam, Chepauk, Chennai-600 005 ... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to accord sanction on all the monetary dues pending from the year 2009 to the Petitioner, by means of annual periodical increments, fixation of salary in the cadre of Selection grade Assistant w.e.f. 01.10.2013 and in the cadre of Superintendent w.e.f. 01.04.2015 and draw the same and pay the arrear salary accruing through such sanctions with 18% interest per annum, by considering the petitioner's representation dated 02.11.2016, within a reasonable time.

For petitioner : Mr. R. Neelakandan For respondent : Mr. V. Jayaprakash Narayanan, Special Government Pleader

O R D E R

Mr. V. Jayaprakash Narayanan, learned Special Government Pleader, accepts notice for the respondent. With consent, this writ petition is taken up for final disposal. This writ petition has been filed seeking a writ of mandamus directing the respondent to accord sanction on all the monetary dues pending from the year 2009 to the petitioner, by means of annual periodical increments, fixation of salary in the cadre of Selection Grade Assistant with effect from 01.10.2013 and in the cadre of Superintendent with effect from 01.04.2015 and draw the same and pay the arrears of salary accruing through such sanctions with 18% interest per annum, by considering the

petitioner's representation dated 02.11.2016, within a reasonable time.

The petitioner, who is serving as Superintendent in the Office of the Commissioner of Survey and Settlement, Chennai, has addressed a representation on 11.05.2015 to the respondent requesting to sanction all the pending 7 annual increments, to fix his salary in the grade of Selection Grade Assistant with effect from 01.10.2013 and fix his salary in the cadre of Superintendent. The said representation dated 11.05.2015 has not been considered. Therefore, he has addressed a reminder on 02.11.2016, for which, the respondent has replied on 22.11.2016 stating that some more particulars are required and that the petitioner's dues will be settled after due compliance of certain requirements by the petitioner. Again, the petitioner has sent a reminder on 08.05.2017 to the respondent. Finding no response, the petitioner has filed the present writ petition seeking the aforesaid relief.

The learned Special Government Pleader sought four weeks time to consider the petitioner's representations/reminders dated 11.05.2015, 02.11.2016 and 08.05.2017.

In view of the above submission of the learned Special Government Pleader, this Court directs the respondent to consider and pass orders on the petitioner's representations/reminders dated 11.05.2015, 02.11.2016 and 08.05.2017 on their own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

This writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mrr

To The Director, O/o. The Survey and Settlement, Ezhilagam, Chepauk, Chennai - 600 005.

+1cc to M/s.R.Neelakandan, Advocate, S.R.No.43259 W.P.No. 14749 of 2017 SVI(CO) CU(25/07/2017)