Madras High CourtWP/16158/2024disposed of

T.Selvaraj v. State Of Tamil Nadu

2025-03-05Honourable Mr Justice C.V. Karthikeyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN T.Selvaraj ... Petitioner -Versus1.State of Tamil Nadu rep. by its Secretary-cum-Agricultural Production Commissioner, The Secretariat, Chepauk, Chennai - 600 005.

2.The Director of Agriculture, Chepauk, Chennai - 600 005.

3.The Joint Director of Agriculture, Kancheepuram. 4.The Accountant General (Accounts & Entitlement), No.361, Anna Salai, Teynampet, Chennai - 600 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents 2 & 3 to send the revised proposals fixing revised pay for the petitioner from 14.10.2017 on a par with his junior V.Pakkirisamy as well as the revised pension pay in such behalf with arrears besides directing the first respondent to grant approval for the same to be implemented by the 4th respondent within time frame.

For Petitioner : No appearance For Respondents 1 to 3 : Mrs.A.Bakkialakshmi, Government Advocate For Respondent 4 : Mr.V.Vijay Shankar

ORDER

The writ petition has been filed in the nature of a mandamus seeking a direction against the second and third respondents to forward the revised proposal fixing revised pay for the petitioner from 14.10.2017 on par with his junior, V.Pakkirisamy as well as the revised pension pay in such behalf with arrears and direct the first respondent to grant approval for the same.

2. In the affidavit filed in support of the writ petition, it had been contended that the petitioner had initially joined as a driver in the Agriculture Department on 30.09.1984 and later, had retired from service on 31.03.2020 in the same post of driver. He claims revised pay and pension pay together with arrears on and from 14.10.2017 on par with his junior, V.Pakkirisamy.

3. A counter affidavit has been filed on behalf of the respondents wherein it had been stated as follows in paragraph Nos. 8 and 9: "8. It is submitted that after verification of all the

particulars, the subject matter has been referred to the Government, the first respondent herein vide Lr.No.OAE1/48651/2024, dated 31.07.2024, since sanctioning of junior getting more pay than the retire employees should have been done by the Government alone. After revision of the petitioner's pay revised pension proposals will be sent to the fourth respondent herein. The said proposal is under active consideration of the Government and the necessary suitable orders shall be passed after the consultations with the advisory departments like Human Resources Management and Finance.

9. It is submitted that the petitioner's representation is under consideration of the Government in accordance with the rules in force. However, in the middle of the course, the petitioner filed this writ petition. It is submitted that the writ petition is not at all maintainable either in law or on the facts of the case, Hence, it is liable to be dismissed."

4. It is seen that the grievance of the petitioner had been addressed by the respondents 2 and 3 and the matter is now pending before the Government.

5. A direction is therefore issued to the first respondent to examine the

contents in letter No.OAE1/48651/2024, dated 31.07.2024 and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.

6. The writ petition stands disposed of. No costs. The learned counsel for the petitioner is not present, but however, the aforementioned order is passed. 05.03.2025 nl Index : Yes/No Speaking order/Non speaking order

To 1.The Secretary-cum-Agricultural Production Commissioner, The Secretariat, Chepauk, Chennai - 600 005.

2.Director of Agriculture, Chepauk, Chennai - 600 005.

3.The Joint Director of Agriculture, Kancheepuram. 4.The Accountant General (Accounts & Entitlement), No.361, Anna Salai, Teynampet, Chennai - 600 018.

C.V.KARTHIKEYAN, J.

05.03.2025