Madras High CourtWP/22385/2024disposed of

P.K.Babu v. Union Of India

2025-08-07Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN P.K.Babu ... Petitioner Vs.

1. Union of India, rep. by its Secretary, Government of India, Ministry of Defence, Room No.101, South Block, New Delhi - 110 011.

2. The Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt-110 010.

3. The Director General of Coast Guard, Coast Guard Headquarters, National Stadium Complex, Newl Delhi - 110 001.

4. The Assistant Controller of Defence Account, Coast Guard Pay and Account Office, 4th Floor Coast Guard OTM Complex, "C" block phase 2 industrial area sector 62, Noida - 201 309.

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5. The Officer in Charge, Bureau of Naviks, Military Camping Ground, Kulundre, Panvel, Navi Mumbai - 410 206.

6. The Commander, Coast Guard Region (East), Rajaji Salai, Near Napier Bridge, Chennai - 600 009.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first to fifth respondents to consider and pass orders on the representation of the petitioner dated 08.07.2024, to draw and disburse the arrears for Yantrik Pay as per 6th Pay Commission, in light of the order passed in W.P.No.17038 of 2020 dated 08.07.2022 and the Office Memorandum issued by the first respondent in F.No.8(5)/2022-D/(CG) dated 28.05.2024 within a stipulated time frame. For Petitioner : Mr.P.Jegan Inbarajan For Respondents : Mr.K.Ramanamoorthy, Senior Panel Counsel *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus directing the first to fifth respondents to consider and pass orders on the representation of the petitioner dated 08.07.2024, to draw and 2/6

disburse the arrears for Yantrik Pay as per 6th Pay Commission, in light of the order passed in W.P.No.17038 of 2020 dated 08.07.2022 and the Office Memorandum issued by the first respondent in F.No.8(5)/2022-D/(CG) dated 28.05.2024 within a stipulated time frame.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner voluntarily retired from service in the Indian Coast Guard as Sahayak Engineer on 01.04.2010, after serving more than 28 years. It is the further submission of the learned counsel for the petitioner that the petitioner is entitled to Yantrik Pay arrears for the 6th Pay Commission, as per the recommendation of the Fast Track Committee dated 21.08.2009, with retrospective effect from 2006 for all purposes. In this connection, the petitioner has sent a representation dated 08.07.2024, which is pending with the first to fifth respondents.

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4. At this juncture, the learned Senior Panel Counsel appearing for the respondents would fairly submit that they had already considered the petitioner's representation. However, it is a pertinent question as to the date of the order; the learned counsel for the petitioner would submit that he has no instructions in that regard. Therefore, it is apparent that no written order has been passed in pursuance of the petitioner's representation.

5. In such view of the circumstances, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the fourth respondent to consider the petitioner's representation dated 08.07.2024, and pass orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. In the result, this Writ Petition is disposed of with the above observations. No costs.

07.08.2025 kv Index : Yes/No Speaking order /Non Speaking Order 4/6