K.Balasubramanian v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2016

CORAM:

THE HONOURABLE Mr. JUSTICE T.RAJA W.P. No. 7170 of 2016 K.Balasubramanian .. Petitioner -vs1. The Secretary to Government, Home Department (Police-III), Fort St. George, Chennai-600 009.

2.The Director General of Police, Chennai-600 004.

3.The Additional Director General of Police, Economic Offences Wing, Chennai-600 040.

.. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents more particularly the 1st respondent to fix the petitioner's pay in the post of Sub Inspector of Police (V Pay Commission) and with reference to that to take up the fixation in the post of Inspector of Police (V Pay Commission) sanction all the arrears which the petitioner was entitled to and consequently to revise the petitioner's pension with arrears etc. within a reasonable time frame.

For petitioner : Mr.A.L.Namasivayam For respondents : Mr. S.Gunasekaran, Government Advocate

ORDER

The petitioner, K.Balasubramanian, who served as Inspector of Police, CBCID in ANW, Chennai-600 040 and retired from service on 31.05.2006, has come to this Court, seeking a direction to the first respondent to fix his pay in the post of Sub Inspector of Police (V Pay Commission) and sanction all the

arrears, for which the petitioner was entitled to and revise his pension with arrears etc., within a reasonable time frame. 2.The case of the petitioner is that due to frequent transfers and postings, entries were not done properly in his service register. Due to which, he was sanctioned with a low rate of pension. Therefore, he filed a W.P. No.1749/2010 before this Court and this Court directed the respondents to dispose of the petitioner's representation dated 22.02.2006. As the above direction was not fully complied with by the respondents, the petitioner has given a representation dated 18.06.2015 to the respondents. But, till date no order has been passed. 3.Learned counsel appearing for the petitioner limited his prayer only for a direction to the respondents to consider the representation dated 18.06.2015, on merits.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

5.In the light of the limited relief sought for in the writ petition, without going into the merits of the case, the petitioner is directed to furnish a fresh representation along with this copy of the order to the first respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the first respondent shall consider and pass orders, on merits and in accordance with law, within a period of eight weeks thereafter.

6.With the above direction, the Writ Petition is disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vga To

1. The Secretary to Government, Home Department (Police-III), Fort St. George, Chennai-600 009.

2.The Director General of Police, Chennai-600 004.

3.The Additional Director General of Police, Economic Offences Wing, Chennai-600 040.

+1 cc to Mr.AL.Namasivayam Advocate sr.12264/16 +1 cc to Government Pleader High Court Madras sr 12532/16 W.P. NO. 7170 of 2016 aa17/03/2016