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Madras High CourtWP/20231/2021disposed of

M.Govindaraj v. The Union Of India,

2021-09-22Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20231 of 2021 and W.M.P.No.21484 of 2021 (Through Video Conferencing) M.Govindaraj

...Petitioner

Vs

1. The Union of India, Rep by its Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Promotions, North Block, New Delhi - 110 001.

2. The Union of India, Rep by its Secretary, Department of Expenditure, Ministry of Finance, North Block, New Delhi - 110 001.

3. The Director General, Border Security Force, Force Head Quarters, CGO Complex, New Delhi.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to office Memorandum dated 08.09.2020 in F.No.35034/3/2015-Estt.(D) of the 1st respondent and quash the same and consequently direct the respondents to refix the pay of the petitioner at minimum entry level pay of Rs.7,510+ Grade Pay Rs.2,400/- to the corresponding scale of Rs.3,200-85-4,900/- (Pre-revised) as per 5th Central Pay Commission) and replaced in the revised pay Scale of Rs.5,200-20,200/- with Grade Pay of Rs.2,400/- (as per 6th Central Pay Commission) on granting 1st financial upgradation under ACP scheme from 21.08.2006 which is applicable to the post Head Constable from the date on which the minimum entry level pay prescribed for under Section - II of Part A of First Schedule of Central Civil Service (Revised Pay) Rules, 2008.

For Petitioner : Mr.J.Deliban For Respondents : Mr.C.Kulanthaivelu Senior Panel Counsel https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel for the respondent submits that petitioner's representation dated 21.08.2020 will be considered independently.

2.Considering the above representation, this writ petition is disposed by directing the respondents to dispose the aforesaid representation dated 21.08.2020 of the petitioner within a period of eight weeks from the date of receipt of a copy of this order and independent of the views expressed in impugned order dated 08.09.2020. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Secretary, Union of India, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Promotions, North Block, New Delhi - 110 001.

2. The Secretary, Union of India, Department of Expenditure, Ministry of Finance, North Block, New Delhi - 110 001.

3. The Director General, Border Security Force, Force Head Quarters, CGO Complex, New Delhi.

+1CC to Mr.C.Kulanthaivel, Advocate, Sr.No.48430 +1CC to Mr.J.Deliban, Advocate, Sr.No.48833 W.P.No.20231 of 2021 and W.M.P.No.21484 of 2021 PCH (CO) K.RK. (18.10.2021) https://hcservices.ecourts.gov.in/hcservices/