M.Thangavelu, v. The State Of Tamil Nadu, Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.02.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3134 of 2013 and M.P.No.1 of 2013 M.Thangavelu ... Petitioner - Vs - 1.The State of Tamil Nadu rep.by its Secretary to Government, Department of Agriculture, Secretariat, Chennai-9.

2.The District Collector, 3.The Joint Director for Agriculture, 4.The Assistant Director for Agriculture, Myladuthurai.

5.The Assistant Executive Engineer, Agro-Engineering Department, Myladuthurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to pay the arrears of salary payable to the petitioner to the tune of Rs.86,700/- together with interest.

For Petitioner : Mr.M.Baskaran For Respondents : Mr.S.Diwakar Spl.Govt.Pleader.

O R D E R

This writ petition is filed by the petitioner to issue a writ of Mandamus directing the first respondent to pay the arrears of salary payable to the petitioner to the tune of Rs.86,700/- together with interest.

2. Pending the said writ petition, the respondent has disbursed the arrears of salary to the tune of Rs.86,700/- to

the petitioner .

3. The learned counsel for the petitioner would submit that the first respondent has now paid the said arrears of salary to the petitioner. Insofar as, the interest portion is concerned, the petitioner is required a suitable direction to the respondent to pay the interest for the above said arrears amount settled by the respondent.

4. The learned Special Government Pleader appearing for the respondents would submit that if any representation is made by the petitioner to the third respondent for payment of interest as per the Government orders, the same shall be considered in accordance with law.

5. Considering the submission made by both parties, so far as the arrears of salary is concerned, the writ petition has become infructuous and so far as the interest is concerned, it is open to the petitioner to make a representation to the third respondent for payment of interest. On receipt of such representation, the third respondent is directed to consider and pass appropriate orders on merits and in accordance with law and in the light of the provisions of the Government order within a period of three months from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd To

1. The Secretary to Government, State of Tamil Nadu, Department of Agriculture, Secretariat, Chennai-9.

2. The District Collector,

3. The Joint Director for Agriculture,

4. The Assistant Director for Agriculture, Myladuthurai.

5. The Assistant Executive Engineer, Agro-Engineering Department, Myladuthurai.

+1cc to Mr.Baskar, Advocate, S.R.No.7170 +1cc to the Government Pleader, S.R.No.7289 LRS(CO) RS(09/03/2017) W.P.No.3134 of 2013 and M.P.No.1 of 2013