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Madras High CourtWP/23945/2021disposed of

P.Kumaran v. The Secretary

2024-01-23Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.

No.23945 of 2021 P.Kumaran ... Petitioner Vs.

The Secretary, S-540, Primary Agricultural Co Operative Credit Society, H.Echambadi Post, Harur Taluk and Dharmapuri District 636 902 ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the representation dated 29.09.2020 and pass appropriate orders in accordance with law.

For Petitioner : Mr.B.Mohan For Respondent : Mr.M.Rajendran, AGP Page No.1 of 6

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondent to consider the representation of the petitioner dated 29.09.2020 and pass appropriate orders in accordance with law.

2. Heard Mr.B.Mohan, learned counsel for the petitioner and Mr.M.Rajendran, learned Additional Government Pleader for the respondent.

3. The petitioner who was appointed as Salesman in the year 1989 with the respondent has been working for 30 years. The two persons who were junior to the petitioner and who were also appointed in the same post, have been given with promotion. But the petitioner has not been considered for any promotion.

4. The learned counsel for the petitioner submitted that the petitioner had secured Master Degree from Annamalai Open University Page No.2 of 6

by Distance Education in the year 2002. However, his juniors who have lesser educational qualification than the petitioner, have been considered for promotion. The petitioner is going to retire from service on 31.05.2024. It is further submitted that the petitioner is entitled to the benefit of G.O.Ms.No.237 dated 01.06.2009 and through which, he is eligible to get higher pay for having completed 20 years of service. So far, his pay has not been revised. Hence the petitioner is before this Court.

5. Since the petitioner claims that he has been serving as Salesman for more than 30 years without any promotion and he is eligible to get the benefit of implementation of the revised pay as granted under G.O.Ms.No.237, Finance Pay Cell Department dated 01.06.2009, I feel it is appropriate to direct the respondent to consider the representation of the petitioner and pass appropriate orders.

6. With the above observations, this Writ Petition is disposed. Since the petitioner has given the representation before three years, the Page No.3 of 6

petitioner is at liberty to file a fresh representation within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent is directed to consider the same and pass appropriate orders on merits, within a period of four weeks from the date of receipt of the representation. No costs.

23.01.2024 Index : Yes/No Internet : Yes/No Speaking / Non-Speaking gsk Page No.4 of 6

To The Secretary, S-540, Primary Agricultural Co Operative Credit Society, H.Echambadi Post, Harur Taluk and Dharmapuri District 636 902 Page No.5 of 6

R.N.MANJULA , J.

gsk 23.01.2024 Page No.6 of 6