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Madras High CourtWP/31323/2015disposed of

S.N. Deen Mohammed, v. The Secretary To Government

2015-10-05Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31323 of 2015 S.N.Deen Mohammed .. Petitioner - Vs -

1. The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 600 009.

2. The Joint Director of Animal Husbandry, Thiruvannamalai.

3. The Principal Accountant General (A&E), Teynampet, Annasalai, Chennai - 600 018.

.. Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd respondent to dispose of the petitioner's representation dated 08.09.2015.

For Petitioner : Mr.S.Ilamvaludhi For Respondents 1 & 2 : Mr.S.Gunasekaran Government Advocate For Respondent 3 : Mr.V.Vijayashankar - - - - -

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner joined the service as Live Stock Inspector on 29.12.1976 and was promoted as Senior Veterinary Live Stock Inspector and was retired from service on 30.09.2012. When he was due for increment on 01.10.2012, because of his retirement date is prior to the said date, he was denied an opportunity of availing the said increment. It is further stated by the petitioner that in this regard, very many representations have been sent to the Government and accordingly G.O.Ms.No.311, Finance (PMPC) Department, dated 31.12.2014 came to be passed wherein, it has been stated that the whole year of service should be taken into account and the learned counsel appearing for the petitioner would submit that in identical https://hcservices.ecourts.gov.in/hcservices/

circumstances, this Court vide order dated 21.07.2015 made in W.P.No.21776 of 2015 has issued a positive direction directing the respondents therein, to grant annual increment for the particular period and also to pay arrears and hence prays for appropriate orders.

3. Heard the submissions of Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of respondents 1 and 2 and Mr.V.Vijayashankar, learned standing counsel who accepts notice on behalf of respondent 3.

4. This Court taking into consideration the limited scope of the prayer sought for by the petitioner, permits the petitioner to submit one more representation by enclosing a copy of this order as well as copies of his earlier representations within a period of one week from the date of receipt of a copy of this order to respondents 2 and 3 and the second respondent on receipt of the same, is directed to consider the said representation of the petitioner in terms of G.O.Ms.No.311, Finance (PMPC) Department, dated 31.12.2014 and pass orders within a period of eight weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

kk s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 600 009.

2. The Joint Director of Animal Husbandry, Thiruvannamalai.

3. The Principal Accountant General (A&E), Teynampet, Annasalai, Chennai - 600 018.

+ 1 cc to Mr.S.Ilamvaludhi, Advocate SR 53946 + 1 cc to Govt.Pleader SR 54086 ala(co) prk13/10 W.P.No.31323 of 2015 https://hcservices.ecourts.gov.in/hcservices/