Madras High CourtWP/22220/2019disposed of

M.Mani v. The Principal Secretar To Government

2019-07-29Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.07.2019

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.22220 of 2019 M.Mani ... Petitioner Vs.

1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, D.P.I.Complex, College Road, Chennai - 600 006.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the appeal of the petitioner dated 18.02.2019 for rectification of anomaly in pay and pension fixation in accordance with law and merits within a stipulated period of time.

For Petitioner : Mr.R.Prem Narayan For Respondents : Mr.K.Karthikeyan Government Advocate

ORDER

This Writ Petition has been filed seeking for a direction to the first respondent to consider and pass orders on the appeal of the petitioner dated 18.02.2019 for rectification of anomaly in pay and pension fixation in accordance with law and merits within a stipulated period of time.

2. The case of the petitioner is that he was working as District Educational Officer and retired from service on 30.04.1996. At the time of his retirement, his last drawn pay was fixed at Rs.4,200/- and his pension was fixed based on his last drawn pay as Rs.2,313/- by the Accountant General of Tamil https://hcservices.ecourts.gov.in/hcservices/

Nadu with effect from 01.05.1996. Subsequently, the second respondent by order dated 18.04.2018 re-fixed his pay and reduced his last drawn pay at Rs.4,100/-, which caused him a monetary loss of one annual increment equal to Rs.100/-. He filed an appeal to the second respondent against the same, but, the second respondent has rejected his request by order dated 19.01.2019. As against which, he preferred an appeal to the first respondent on 18.02.2019. But, the same has not been considered and disposed of till date. Therefore, he has filed this petition before this Court.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. In view of the limited prayer sought for in this Writ Petition, there shall be a direction to the first respondent to dispose of the petitioner's appeal dated 18.02.2019 if the same is pending, within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar raja To 1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, D.P.I.Complex, College Road, Chennai - 600 006.

+1cc to Mr.R.Prem Narayan Advocate, S.R.No.65137 AD(CO) CB(20/09/2019) W.P.No.22220 of 2019 https://hcservices.ecourts.gov.in/hcservices/