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Madras High CourtWP/21757/2008dismissed

G.Ethirajulu v. The Secretary To Government

2018-09-12Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2018 THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.21757 of 2008 G.Ehirajulu .. Petitioner vs 1.The Secretary to Government, Department of Food Co-operation and Consumer Protection, Fort St.George, Chennai-600 009.

2.The Deputy Secretary to Government, Department of Food Co-operation and Consumer Protection, Fort St.George, Chennai-600 009.

3.The Registrar of Co-operative Societies, 170, Periyar, E.V.R. High Road, Kilpauk, Chenni - 610 010.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorarified Mandamus to call for the records on the second respondent pertaining to the letter No.26569/Ch1/2006-2007 Co-operation Food and Consumer Protection Department dated 21.08.2007, forwarded by the third respondent's Endt. R.C.No.141442/2006/P3 dated 05.10.2007 culminated with the order of the third respondent bearing No. RC.123131/2006/P3 dated 25.05.2007 and to quash the same and to direct the first respondent to reconsider the claim of the petitioner for higher scale of pay with effect from 01.06.1988 for the officiating post of Deputy Registrar to refix the pay as per his representation dated 28.10.2007. For petitioner : M/s.V.Raghupathi For respondents : Mr.L.P.Shanmugasundaram

O R D E R

This writ petition has been filed to call for the records on file of the second respondent pertaining to Letter No.26569/Ch1/2006-2007 Co-operation Food and Consumer Protection Department dated 21.08.2007, forwarded by the third respondent's Endt. R.C.No.141442/2006/P3 dated 05.10.2007 culminated with the https://hcservices.ecourts.gov.in/hcservices/

order of the third respondent bearing No. RC.123131/2006/P3 dated 25.05.2007 and to quash the same and to direct the first respondent to reconsider the claim of the petitioner for higher scale of pay with effect from 01.06.1988 for the officiating post of Deputy Registrar to refix the pay as per his representation dated 28.10.2007.

2.When the case taken up for hearing on 11.09.2018, there is no representation for the petitioner. Hence, the case was listed under the caption "for dismissal" on today i.e., 12.09.2018.

3.The learned counsel for the petitioner today appeared and has filed a affidavit of service including the copy of the letter and the notice sent to the petitioner with an endorsement unclaimed. It appears that the petitioner is no longer interested in pursuing the remedy available in this writ petition.

4.Therefore, this writ petition is dismissed with liberty to the petitioner to file a fresh writ petition in case such a remedy is under law.

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

1.The Secretary to Government, Department of Food Co-operation and Consumer Protection, Fort St.George, Chennai-600 009.

2.The Deputy Secretary to Government, Department of Food Co-operation and Consumer Protection, Fort St.George, Chennai-600 009.

3.The Registrar of Co-operative Societies, 170, Periyar, E.V.R. High Road, Kilpauk, Chenni - 610 010.

+1cc to Government Pleader sr.no.63852 W.P.No.21757 of 2008 nr 16/10/2018 https://hcservices.ecourts.gov.in/hcservices/