M.Kesavalu v. The Engineer In Chief - (Wro And General)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26535 of 2019 M.Kesavalu .. Petitioner Vs.

The Engineer in Chief (WRO & General) Public Works Department, Chepauk, Chennai- 600 005.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the representation presented to the respondent dated 11.02.2019 for salary discrepancy. For Petitioner : Mr.R.Mohan For Respondent : Mr.K.S.Suresh Government Advocate

ORDER

This petition has been filed seeking direction to direct the respondent to consider the petitioner's representation dated 11.02.2019.

2.The learned counsel for the petitioner submitted that the petitioner joined service on 17.10.1985 in the Public Works Department as Assistant Engineer and retired on 30.06.2018 as Special Chief Engineer, after putting 33 years of service. One P.Gunasekaran was also joined service in the Public Works Department along with the petitioner in the year 1985 with rank 403 and the petitioner's rank is 185. Since the said P.Gunasekaran is junior to the petitioner, he was getting more salary than the petitioner from 01.01.2005 onwards. The petitioner sent a representation to the respondent on 11.02.2019, regarding the discrepancy. Since no action has been taken on the petitioner's representation, this writ petition came to be filed.

3.It is seen that the petitioner was working in the Public Works Department for 33 years and retired on 30.06.2018 as https://hcservices.ecourts.gov.in/hcservices/

Special Chief Engineer. However, the petitioner made a representation seeking equal salary on par with his junior who is getting more salary than the petitioner since 01.01.2005, after a lapse of 14 years, that too, even after his retirement. The petitioner has not sought for the same relief before the Department when he was in service. Since, the challenge made by the petitioner in this writ petition is time barred, this Court is not inclined to grant any relief as sought for. 4.Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Engineer in Chief (WRO & General) Public Works Department, Chepauk, Chennai- 600 005.

+1 cc to M/s.R.Mohan,Advocate Sr.No. 78053 +1 cc to The Government Pleader Sr.No.77734 AKM/16.10.19/2P-4C / W.P.No.26535 of 2019 https://hcservices.ecourts.gov.in/hcservices/