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Madras High CourtWP/16995/2020disposed of

Aranga Arivarasan v. The Registrar

2022-11-09Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Aranga Arivarasan ... Petitioner Vs.

The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

... Respondent PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to calculate the petitioner's basis pay and other emoluments as per 6th pay commission basis pay of Rs.25,330/- with AGP-7,000 and pay the yearly increments as per law based on the petitioner's representation dated 20.07.2020.

For Petitioner :

Ms.K.Aishwarya Lakshmi for Mr.K.Thiruvengadam For Respondent :

Mr.K.Sathish Kumar 1/5

ORDER

The petitioner has filed this Writ Petition seeking for a mandamus to direct the respondent to calculate his basic pay and other emoluments on the basis of Sixth Pay Commission based on his representation dated 20.07.2020.

2. Till date, Counter has not been filed by the respondent. No positive direction can be issued in this matter, unless and until a Counter is filed. However, the only limited relief that can be granted to the petitioner is to direct the respondent to consider the petitioner's representation, requesting for calculating his basic pay and other emoluments as per the Sixth Pay Commission.

3. Since the representation given by the petitioner earlier is on 20.07.2020 and is an old one, the petitioner will have to give a fresh representation.

4. No prejudice would be caused to the respondent, if the respondent is directed to consider the petitioner's representation on merits and in accordance with law within a time frame to be fixed by this Court. 2/5

5. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the respondent, requesting them to calculate his basic pay and other emoluments as per the Sixth Pay Commission, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the respondent shall pass final orders on merits and in accordance with law, within a period of eight weeks thereafter.

6. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

09.11.2022 Index : Yes/No Speaking Order : Yes / No ab 3/5

To The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

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ABDUL QUDDHOSE. J., ab 09.11.2022 5/5