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Madras High CourtWP/42747/2016disposed of

G.Chandrasekaran v. State Of Tamil Nadu

2016-12-07Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.42747/2016 G.Chandrasekaran ..

Petitioner Vs.

1.The Fire and Rescuer Department State of Tamilnadu, Fort St George Chennai 600 009.

2.The Director, Fire and Rescue Department, Chennai 600 008.

3.The District Fire Officer Beach Road, Cuddalore 607001.

4.The Principal Accountant General [A&E] Anna Salai, Chennai 600 018.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 3 to implement the letter in Ref.Pen.12/4/11215102/ADK on the file of the 4th respondent dated 02.09.2016 and direct the 3rd respondent to claim and pay the difference of arrears of the petitioner pension as per G.O.304, Finance [PC] Department dated 28.03.1990, together with interest at the rate of 18% per annum from 01.10.1997 till the date of payment to the petitioner. For Petitioners :

Mr.J.R.K.Bhavanantham For R1 to R3 :

Mrs.M.E.Rani Selvam, AGP For R4 :

Mr.V.Vijayshankar

ORDER

By consent, the writ petition is taken up for final disposal. The petitioner is a retired Fireman, having retired voluntarily on 30.09.1997 and he was initially appointed as Fireman on 03.01.1970 and was awarded with selection grade and special grades of pay with effect from 01.10.1980 and 03.01.1990 respectively and in terms of G.O.Ms.No.304, Fire and Rescue Services Department, dated 28.03.1990. the petitioner is eligible for fixation of selection grade pay at Rs.1500/- in the time scale of pay at Rs.1400-2600 with effect from 01.06.1988. The petitioner, in https://hcservices.ecourts.gov.in/hcservices/

this regard, has submitted numerous representations and the 4th respondent in his communications in Pen-12/III/11213684/ADK and Pen12/4/11215102/ADK dated 05.02.2016 and 02.09.2016 respectively, has returned the Service Register of the seeking certain clarification and since the 3rd respondent has failed to respond the same, the petitioner has come forward to file the present writ petition. Heard the submissions of the learned counsel for the petitioner ; Mrs.M.E.Rani Selvam, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3 and Mr.V.Vijay Shankar, learned counsel who accepts notice on behalf of the 4th respondent.

Though the petitioner has sought for a larger relief, this Court, in the above facts and circumstances and without going into the merits of the same, directs the 3rd respondent to respond to the communications in Pen-12/III/11213684/ADK and Pen-12/4/11215102/ADK dated 05.02.2016 and 02.09.2016 respectively, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

AP Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To 1.The Fire and Rescuer Department State of Tamilnadu, Fort St George Chennai 600 009.

2.The Director, Fire and Rescue Department, Chennai 600 008.

3.The District Fire Officer Beach Road, Cuddalore 607001.

4.The Principal Accountant General [A&E] Anna Salai, Chennai 600 018.

+1 CC Mr.J.R.K.Bhavanantham Advocate SR.No.72248 +1 CC Government Pleader SR.No.72233 WP.No.42747/2016 NM [co] MSI 23/01/2017 https://hcservices.ecourts.gov.in/hcservices/