N.Esakky v. The Principal Accountant
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31287 of 2015 N.Esakky ... Petitioner Vs.
1 The Principal Accountant General (Accounts and Entitlements) 361 Anna Salai Chennai-18 2 The Principal Chief Conservator of Forests Chennai-15 3 The Divisional Forest Officer Forest Utilization Division Chennai - 6.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to revise the pay of the petitioner and to consequently revise his pension and all corresponding retirement and pensionary benefits on the lines such revision of pay and pensionary benefits granted in the case of his juniors within a limited time frame.
For Petitioner : Mrs.N.Revathy for M/s.M.Ravi For Respondents : Mr.V.Vijayashankar for R1 Mr.N.Inbanathan for R2 and R3 Government Advocate (Forest)
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The petitioner joined the services of the Forest Department as a Forester on 26.03.1980 and got selection grade on 29.03.1990 and special grade scale on 29.03.2000 and he was promoted as Forest Range Officer during the year 2000 and he was reverted to the post of
Forester for want of vacancy during the year 2001 and was promoted as Forest Range Officer during the year 2003 and he retired from service on 31.08.2009.
3.The petitioner would further state that consequent upon the pay revision, there were certain anomalies and to rectify the same, the Government has appointed one man commission to sort out the anomalies and according to the petitioner 17 additional tables have been adopted and 15th additional table provides revised pay scale of Rs.15,600 - 39100 with grade pay of Rs.5,400 and it is applicable to him. The petitioner has retired from service on 31.08.2009 and in this regard has submitted his representation on 15.05.2012 to the second respondent. The first respondent has fixed his original pension as Rs.11,470/-.
4.According to the petitioner, in respect of one Thiru.M.Ramamoorthy who is similarly placed, his original pension was fixed as Rs.12,120/- and it was revised to Rs.12,920/- and therefore, he is entitled to the very same benefits and in this regard, has submitted a representation dated 24.03.2014 to the respondents and since no orders have been passed, came forward to file this writ petition.
5.Heard the submissions of Mrs.N.Revathy, learned counsel appearing for the petitioner, Mr.V.Vijayashankar, learned counsel who accepts notice on behalf of the first respondent and Mr.N.Inbanathan, learned Government Advocate (Forest) who accepts notice on behalf of the respondents 2 and 3.
6.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 24.03.2014 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 7.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar(J) dt:12/10/2015 True Copy Sub-Assistant Registrar pri
To 1 The Principal Accountant General (Accounts and Entitlements) 361 Anna Salai Chennai-18 2 The Principal Chief Conservator of Forests Chennai-15 3 The Divisional Forest Officer Forest Utilization Division Chennai - 6.
+1 cc to M/S.M.Ravi Advocate sr.53989 +1 cc to the Speicla Government Pleader (Forest) High Court, Madras sr.104 sr.53808 W.P.No.31287 of 2015 ala[co] aa13/10/2015