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Madras High CourtWP/32178/2015disposed of

Patan Sahebjan v. The Union Of India

2015-10-09Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.32178 of 2015 Patan Sahebjan .. Petitioner vs 1.The Union of India Rep. By its Secretary to Government Ministry of Home Affairs New Delhi 2.The Director General Head Quarters No.13, CGO Complex Lodhi Road, New Delhi 110 003 3.The Inspector General South Sector, Near War Memorial Chennai 600 009 4.The Deputy Inspector General South Zone, Besant Nagar Chennai 600 090 5.The Group Commandant Group Head Quarters, Cochin 6.The Deputy Commandant NMPT, Mangalore.

7.The Assistant Commandant NMPT, Mangalore .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 and 3 to pass orders on the representation dated 18.5.2015 and 10.1.2014 respectively and to grant 3rd MACP benefits to the petitioner from 18.5.2015 and the arrears.

For Petitioner : Mr.Md.Ibrahim Ali For Respondents : Mr.A.Murugan Central Government Standing Counsel

ORDER

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

2.The petitioner would state that he at present, is working as a Head Constable in the services of the Central Industrial Security Force and his grievance is that though he has completed more than 30 years of service and consequently, entitled to the financial benefits under the Modified Assured Career Progression (MACP) Scheme, the same has not been conferred on him, which may be on the pretext that the order of punishment of "pay fine equivalent to his 05 days pay" passed by the Disciplinary Authority, has been confirmed by the Appellate Authority, and he has also submitted a representation dated 18.5.2015, and since no response is forthcoming, came forward to file this writ petition.

3.Heard the submissions of Mr.Md.Ibrahim Ali, learned Counsel appearing for the petitioner, and Mr.A.Murugan, learned Central Government Standing Counsel, who accepted notice on behalf of the respondents.

4.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 claim projected by the petitioner, directs the second respondent to consider the petitioner's representation/revision petition dated 18.5.2015, on merits and in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nsv To:

1.The Secretary to Government Ministry of Home Affairs New Delhi 2.The Director General Head Quarters No.13, CGO Complex Lodhi Road, New Delhi 110 003

3.The Inspector General South Sector, Near War Memorial Chennai 600 009 4.The Deputy Inspector General South Zone, Besant Nagar Chennai 600 090 5.The Group Commandant Group Head Quarters, Cochin 6.The Deputy Commandant NMPT, Mangalore.

7.The Assistant Commandant NMPT, Mangalore.

+1cc to Mr.A.S. MMujibur Rahman, Advocate, S.R.No.55733 +1cc to Mr.A. Murugan, Advocate, S.R.No.55649 +1cc to the Government Pleader, S.R.No.

NM(CO) EU(27/10/2015) W.P.No.32178 of 2015