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Madras High CourtWP/1607/2018disposed of

G.Gnanamani, S/O.Gopal, v. The Government Of Tamil Nadu

2019-02-05Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1607 of 2018 G.Gnanamani ... Petitioner Vs

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai 9.

2. The Additional Chief Secretary to Government/ Commissioner of Revenue Administration, Chepauk, Chennai 5.

3. The District Collector, Kanchipuram District, Kanchipuram.

4. The District Collector, Tiruvallur District, Tiruvallur.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to dispose of the petitioner's representation dated 04.08.2014 based on the orders dated 19.03.2014 of this High Court in W.P.No.34931 of 2006, within a time frame to be stipulated this Court.

For Petitioner : Mr.M.Kempraj For Respondents : Mr.R.S.Selvam, G.A.

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O R D E R

The relief sought for in the Writ Petition is for a direction to the respondents herein to dispose of the petitioner's representation dated 04.08.2014.

2. The grievance of the Writ Petitioner is that even after concluding the disciplinary proceedings initiated against the Writ Petitioner and after regularising of his earlier services, no action has been taken by the respondents to grant revision of scale of pay applicable to him.

3. The learned counsel for the Writ Petitioner states that the Government issued G.O.(2D) No.344, Revenue and Disaster Management Department, Service Wing, Ser.10(2) Section, dated 10.11.2018, regularising the intervening period of service and notional promotion on par with the junior of the Writ Petitioner.

4. It is contended that in view of the fact that the benefit including the promotion granted, the revision of pay is a consequential one and the authorities have to re-fix the scale of pay of the petitioner and grant arrears and pensionary benefits. In this regard, the Writ Petitioner submitted a representation on 04.08.2014 and reminder on 10.08.2017 and till date no order has been passed.

5. Thus, without going into the merits of the matter, the second respondent is directed to consider the representation submitted by the Writ Petitioner on 04.08.2014 and subsequent reminder dated 10.08.2017, and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petitioner is directed to enclose the copies of the representations and all other relevant orders and documents if any along with the order passed in this Writ Petition.

6. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pvs To 1.The Secretary to Government, The Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, Chennai 9.

2.The Additional Chief Secretary to Government/ Commissioner of Revenue Administration, Chepauk, Chennai 5.

3.The District Collector, Kanchipuram District, Kanchipuram.

4.The District Collector, Tiruvallur District, Tiruvallur.

+1cc to Mr.M.Kepmraj, Advocate, S.R.No.9845 +1cc to the Government Pleader, S.R.No.10830 W.P.No.1607 of 2018 PP(CO) rrs 26/03/2019