K.Sukumar v. The Engineer-In-Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. NO. 9529 OF 2017 AND W.M.P. NO. 10463 OF 2017 K.Sukumar ... Petitioner -vs1. Engineer-In-Chief WRD & Chief Engineer (General) Public Works Department

2. The Executive Engineer PWD, WRD, Soil Mechanics & Research Division

3. Pay and Accounts Officer Pay and Accounts Office (East) Thillaiyaadi Valliammai Building Egmore, Chennai - 600 008.

. . . Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to implement the order passed by the First Respondent in proceeding No. S2(4)/24899/2016 dated 01.08.2016 forthwith thereby paying the stepped up arrears of pay with penal interest for the delay caused by the Respondents. For Petitioner :

No appearance For Respondents :

Mr. V.Jeevagiridharan Additional Government Pleader

O R D E R

Heard Mr. V.Jeevagiridharan, Learned Additional Government Pleader for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

There is no representation for the Petitioner when the matter is called at 10.54 a.m. today.

3.

The Writ Petition has been filed for directing the Respondents to implement Proceedings No. S2(4)/24899/2016 dated 01.08.2016 issued by the First Respondent to pay stepped up arrears with penal interest for the delay caused by the Respondents.

4.

The Third Respondent has filed Counter-Affidavit dated 13.06.2017 in which it has been explained that the bill claiming arrear amounts for the period of eight years had been presented without required particulars including comparative statement of pay for juniors and seniors, incorrect pay drawn, the details of incorrect fixation of pay and period for which the arrears claimed etc., and that after rectification of all those defects, the bill was passed on 12.06.2017 for payment through ECS. In such circumstances, nothing remains for further consideration in this Writ Petition, but if the Petitioner still has any grievance to be redressed, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In fine, the Writ Petition is disposed on the aforesaid terms. Consequently, the Connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Maya To

1. The Engineer-In-Chief WRD & Chief Engineer (General) Public Works Department

2. The Executive Engineer PWD, WRD, Soil Mechanics & Research Division

3. The Pay and Accounts Officer Pay and Accounts Office (East) Thillaiyaadi Valliammai Building Egmore, Chennai - 600 008.

+1cc to Government Pleader, SR.NO.33572(30/06/2022) W.P. No. 9529 of 2017 PM(CO) PM/10/06/2022