Suresh Kumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Suresh Kumar .. Petitioner
Versus
1.The State of Tamil Nadu Rep by The Member Secretary Tamil Nadu State Legal Services Authority North Fort Road, High Court Campus Chennai - 600 104 2.The Secretary Tamil Nadu State Legal Services Authority North Fort Road, High Court Campus Chennai - 600 104 3.The Principal Accountant General (A&E) Anna Salai, Chennai - 600 018 4.The Chairman Principal District Judge District Legal Services Authority District Court Buildings Ariyalur - 621 704
5. The Chairman District Munsif Taluk Legal Services Committee District Munsif Court Buildings Jayankondam - 621 802 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1, 4 & 5 to 1/5
immediately, grant increments for the year 2012 & 2013 and Earned Leave salary for 240 days out of the service period of the petitioner's husband and thereafter the 3rd respondent is directed to calculate the same in the pension in PPO No.R0220833/JUD, on the basis of the petitioner's representation dated 14.03.2023.
For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.V.P.R.Elamparithi for R1, 4 & 5 Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to direct the respondents 1, 4 & 5 to immediately, grant increments for the year 2012 & 2013 and Earned Leave salary for 240 days out of the service period of the petitioner's husband and thereafter the 3rd respondent is directed to calculate the same in the pension in PPO No.R0220833/JUD, on the basis of the petitioner's representation dated 14.03.2023.
2. Though the writ petition has been filed in the name of the husband namely Mr.Suresh Kumar, the affidavit is sworn in the name of his wife. It is the contention of the learned counsel for the petitioner that, since, the petitioner is continuously bedridden, the affidavit is sworn by his wife.
3. It is the case of the writ petitioner that petitioner has retired from the service on 25.10.2013 by obtaining VRS under medical grounds. It is the 2/5
grievances of the writ petitioner that firstly, the increment for the year 2012 & 2013 is not paid and secondly, Earned Leave Salary for the period of 240 days out of the service period are also not paid. Hence, the petitioner has given representation dated 14.03.2023, which is pending without consideration till date. Hence, this writ petition.
3.Heard both sides and perused the materials placed on record. Considering the limited relief as sought for in this writ petition, this Court is inclined to direct the respondents 1, 4 & 5 to consider the representation of the petitioner dated 14.03.2023 and pass appropriate orders on merits and in accordance with law within a period of two month from the date of receipt of a copy of this Order.
4. Accordingly, this writ petition stands disposed of. No costs. 18.07.2023 dhk Index:Yes/No Internet: Yes/No 3/5
To 1.The Member Secretary The State of Tamil Nadu Tamil Nadu State Legal Services Authority North Fort Road, High Court Campus Chennai - 600 104 2.The Secretary Tamil Nadu State Legal Services Authority North Fort Road, High Court Campus Chennai - 600 104 3.The Principal Accountant General (A&E) Anna Salai, Chennai - 600 018 4.The Chairman Principal District Judge District Legal Services Authority District Court Buildings Ariyalur - 621 704
5. The Chairman District Munsif Taluk Legal Services Committee District Munsif Court Buildings Jayankondam - 621 802 4/5
N.SATHISH KUMAR, J.
dhk W.P.No.20647 of 2023 18.07.2023 5/5