Madras High CourtWP/2871/2017disposed of

P.Munusamy v. The District Collector

2017-02-06Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.2871 of 2017 P.Stanley Paulraj .. Petitioner Vs

1. The State of Tamil Nadu rep. By its Secretary to Government, Public Works Department, Secretariat, Chennai 600 009.

2. The Engineer-in-Chief (WRO) and Chief Engineer (General), Public Works Department, Chennai 600 005.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, to direct the respondents to pay compensation in lieu of compassionate appointment given to similarly placed person based on the representation of the petitioner dated 09.01.2014 within a fixed time frame.

For Petitioner : Mr.G.Elanchezhiyan For Respondents : Mr.K.Dhananjayan, for R1 and R2

O R D E R

The relief sought for in this writ petition is for a direction to the respondents to consider the claim of the petitioner for fixation of pay on par with his junior as per G.O.(D) No.267, Public Works (A1) Department, dated 19.09.2014 and accordingly, to sanction petitioner's pension as per rules with interest based on the representation made by the petitioner dated 07.10.2014.

2. The learned counsel for the petitioner contented that the writ petitioner was initially appointed as Assistant Engineer on 30.10.1979 through TNPSC and thereafter, promoted to the post of Assistant Director (AEE), Hydrology Sub-Division. Further, the writ petitioner was promoted to the post of Assistant Executive Engineer as per his seniority. However, a retrospective promotion for the post of Superintending Engineer was accorded on par with his juniors. In spite of grant of retrospective promotion to the post of Superintending Engineer on par with his juniors, pay of the writ petitioner has not been revised. In this regard, the writ petitioner made a representation to the 1st respondent on 29.01.2015 and no decision has been taken on the representation.

This Court without going into the merits and demerits of

this case, directs the 1st respondent to consider the representation submitted by the writ petitioner dated 29.01.2015 and pass orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

Accordingly, the writ petition stands disposed of. However, there is no order as to cost.

10.08.2017 rka To

1. The Secretary to Government, State of Tamil Nadu, Public Works Department, Secretariat, Chennai 600 009.

2. The Engineer-in-Chief (WRO) and Chief Engineer (General), Public Works Department, Chennai 600 005.

S.M.SUBRAMANIAM,J.

rka W.P. No. 2871 of 2015 10.08.2017