J.Krishnakumar, v. Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.37894 of 2016 and W.M.P.No.32470 of 2016 J.Krishnakumar .. Petitioner Vs.
1 Secretary to the Government Agriculture and Forest Department Chief Secretariat Puducherry 2 Chairman PKKVK-cum- Secretary (Agriculture) Chief Secretariat Puducherry 3 The Programme Co-ordinator- cum-Principal Perunthalaivar Kamaraj Krishi Vigyan Kendra Kurumbapet Puducherry- 605 .. Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to pay monthly salary from the month of March, 2016 till date together with eligible interest for the belated payment and further direct the first respondent to take suitable action against the erring officials who are responsible for the non-payment of salary to the petitioner.
For Petitioner :
Mr.M.Gnanasekar For Respondents :
Mr.P.Kumaran, Govt. Advocate (Pondy)
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to pay monthly salary from the month of March, 2016 till date together with eligible interest for the belated payment and further, to direct the first respondent to take suitable action against the erring officials who are responsible for the non-payment of salary to him.
3. It is the case of the petitioner that he passed B.Sc (Agri) in the year 1979 and joined as Agricultural Officer in the Agriculture Department, Government of Puducherry, Puducherry. Later, he passed M.Sc (Agri) and in the year 1994, on deputation, he joined as Junior Entomologist at Krishi Vigyan Kendra, Kurumbapet, Puducherry and was absorbed in the month of November, 1997 itself.
While so, with regard to the implementation of Carrier Advancement Scheme, a dispute arose between the petitioner and the respondents. Thereafter, since March 2016, salary was not paid to him. Mere pendency of a dispute with regard to Carrier Advancement Scheme has nothing to do with the payment of monthly salary. In this regard, he sent a representation dated 4.8.2016 to the second respondent, which was forwarded to the Co-ordinator cum Principal, PKKVK, Puducherry on 17.8.2016. But, till date, no action was taken on the said representation and the salary was not paid to him from March 2016. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, (Pondy), who has taken notice on behalf of the respondents.
5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim projected by the petitioner, this Court directs the second respondent to consider the representation of the petitioner dated 4.8.2016 seeking monthly salary from the month of March, 2016 till date together with eligible interest for the belated payment and pass appropriate orders, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 Secretary to the Government Agriculture and Forest Department Chief Secretariat Puducherry 2 Chairman PKKVK-cum- Secretary (Agriculture) Chief Secretariat Puducherry 3 The Programme Co-ordinator- cum-Principal Perunthalaivar Kamaraj Krishi Vigyan Kendra Kurumbapet Puducherry- 605 009 +1cc to Mr.M. Gnanasekar, Advocate, S.R.No.62620 +1cc to the Government Pleader, S.R.No.62298 ctk(CO) md(3/11/2016) W.P.No.37894 of 2016