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Madras High CourtWP/13404/2021disposed of

C.Chellathambi v. The Principal Chief Security Commissioner,

2021-06-29Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No.13404 of 2021 C.Chellathambi .. Petitioner

Versus

1.The Principal Chief Security Commissioner, Railway Protection Force, Chennai - 600 003.

2.The Divisional Security Commissioner, Railway Protection Force, Trichy - 620 001.

3.The Principal, RPF Training Centre, Kimber Garden, Trichy - 620 023.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to grant third financial upgradation to the petitioner on completion of 30 years of service with effect from 3.1.2014 as envisaged under the Modified Assured Career Progression Scheme and grant him all consequential benefits.

For Petitioner : Mr.P.Rajendran For Respondents : No Appearance O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to grant third financial upgradation to the petitioner on completion of 30 years of service with effect from 3.1.2014 as envisaged under the Modified Assured Career Progression Scheme and grant him all consequential benefits.

2.The petitioner was appointed as Safaiwala on 03.01.1984. On completion of 20 years of service the petitioner was granted

second Modified Assured Career Progression (MACP) benefits with effect from 01.09.2008. Later the petitioner was promoted as Head Safaiwala by proceedings dated 10.05.2013 in Pay Band 520020200 + Grade Pay Rs.2400/-. The learned counsel for the petitioner stated that the petitioner has completed 30 years of service on 03.01.2014 and that therefore, he is eligible to get third MACP with effect from the date of completion of 30 years of service.

3.The learned counsel for the petitioner submitted that the petitioner made a representation to the 1st respondent on 04.05.2021 requesting for grant of third MACP. Since the representation was not considered, the petitioner has approached this Court with the present writ petition.

4.Learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the first respondent to consider the petitioner's representation dated 04.05.2021.

5.Having regard to the limited scope of the prayer which is sought for in this Writ Petition, without expressing any opinion on the merits of the petitioner's representation dated 04.05.2021, this writ petition is disposed of with a direction to the 1st respondent to consider the representation of the petitioner dated 04.05.2021 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No Costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ssr To 1.The Principal Chief Security Commissioner, Railway Protection Force, Chennai - 600 003.

2.The Divisional Security Commissioner, Railway Protection Force, Trichy - 620 001.

3.The Principal, RPF Training Centre, Kimber Garden, Trichy - 620 023.

+1cc to Mr.P.Rajendran, Advocate, S.R.No.29913 W.P. No.13404 of 2021 SKY(CO) CB(02/08/2021)