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Madras High CourtWP/42670/2016disposed of

K.M.Ranganathan, v. The Inspector General Of

2016-12-05Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2016

CORAM

THE HON'BLE Mr. JUSTICE M.SATHYANARAYANAN W.P.No.42670 of 2016 K.M.Ranganathan

...Petitioner

-Vs1. The Inspector General of Registration, 54, Santhome High Road, Chennai - 600 028

2. The Deputy Inspector General of Registration, Opp. to Air Force Administrative College, Red Fields, Coimbatore - 641 018.

3. The District Registrar (Administration), District Registrar's Office, Karungalpalayam, Erode - 638 003.

...Respondents

This petition is filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 3rd respondent to complete the pay fixation and revised pension proposal of the petitioner in the light of the order No.36076/A3/A-5/2008 dated 19.12.2012 issued by the 1st respondent and to pay the monetary benefits based on the petitioner's representation dated 02.07.2014 within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Thilageswaran For Respondents :

Mr.K.Dhananjeyan,Spl.Govt.Pleader.

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner joined the service in the Registration

Department as Junior Assistant and was promoted as SubRegistrar (Grade-II) with retrospective effect and retired from service on 30.06.1993 and the petitioner was given retrospective promotion from 12.05.1977 by the proceedings of the first respondent dated 25.01.2011.

3. The grievance expressed by the petitioner is that the consequential pay fixation and the revised pension have not been done. In this regard, the petitioner has submitted a representation dated 02.08.2016 to the first respondent and it was also followed by a reminder dated 07.09.2016. Since no positive response is given, he came forward to file the writ petition.

4. Learned counsel for the petitioner has drawn the attention of the Court to the typed set of documents and would submit that the office of the Accountant General (Accounts & Entitlements), Tamilnadu, has sent a communication dated 26.08.2016 to the 3rd respondent requiring certain particulars and further invited the attention of this Court to the letter of the 2nd respondent dated 16.09.2016 to the 3rd respondent wherein the said official was directed to inform the action taken to the petitioner and inspite of it, no orders have been passed for pay fixation and revised pension. Therefore, the petitioner is constrained to approach this Court.

5. This Court, heard the submission of the learned counsel for the petitioner and Mr.K.Dhananjeyan, learned Special Government Pleader who accepts notice on behalf of the respondents.

6. Though the petitioner has prayed for a larger relief, in the light of the facts and circumstances of the case and without going into the merits of the claim projected by the petitioner, the 3rd respondent is directed to respond to the communication dated 26.08.2016 made in P12/II/112/4941/1516 sent by the office of the Accountant General (Accounts & Entitlements), Tamilnadu and also inform to the petitioner as to the stage of the proposal, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To

1. The Inspector General of Registration, 54, Santhome High Road, Chennai - 600 028

2. The Deputy Inspector General of Registration, Opp. to Air Force Administrative College, Red Fields, Coimbatore - 641 018.

3. The District Registrar (Administration), District Registrar's Office, Karungalpalayam, Erode - 638 003.

4. The Accountant General ( Accounts & Entitlements), TamilNadu +2 Cs to Mr. K. Thilageswaran Advocate SR 71839 +1 Cs to Govt Pleader SR 72064 NM AK (30/12/2016) W.P.No.42670 of 2016