A.Ramasamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE A. Ramasamy
...Petitioner
vs.
1. The State of Tamil Nadu, Rep. By its Secretary, (Higher Education) Fort St. George, Chennai - 600 009.
2. The Director of Collegiate Education, D.P.I. Complex, College Road, Chennai - 600 006.
3. The Regional Joint Director of Collegiate Education, IASE Complex, Saidapet, Anna Salai, Chennai - 600 015.
4. Principal Accountant General, Office of the Account General (A & E) Tamilnadu, 361, Anna Salai, Teynampet, Chennai - 600 018.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider his representation dated 22.09.2022 with regard to pay fixation. For petitioner : Mr.R. Govindaraj For respondents : Mr.V. Manoharan, Addl. Govt. Pleader for R1 to R3 Mr.V. Vijaya Shankar, Standing Counsel for R4
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr. V. Manoharan, learned Additional Government Pleader accepts notice for the respondents 1 to 3 and Mr.V. Vijaya Shankar, learned Standing counsel accepts notice for the 4th respondent.
3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pass final orders on the petitioner's representation dated 22.09.2022 requesting for fixation of pay as per G.O. (Ms). No.53 Higher Education (H1) Department, dated 03.03.2008. According to the petitioner, he retired from service on 31.10.2006. According to him, if G.O. (Ms). No.53 Higher Education (H1) 2/5
Department, dated 03.03.2008 was applied, he will be getting a higher pension. According to him, he has given several representations with regard to the same and till date, the same has not been considered. The petitioner has given the last representation on 22.09.2022 for the said purpose. Since the representations have not been considered till date, he has filed this writ petition.,
4. Heard Mr.R. Govindaraj, learned counsel for the petitioner, Mr.V.Manoharan, learned Additional Government Pleader for the respondents 1 to 3 and Mr.V. Vijaya Shankar, learned Standing counsel for the 4th respondent.
5. No prejudice would be caused to the respondents, if the petitioner's representations are considered on merits and in accordance with law, within a time frame to be fixed by this Court.
6. For the forging reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law on the petitioner's representation, dated 22.09.2022 seeking for pay fixation as per G.O. (Ms). No.53 Higher Education (H1) Department, dated 03.03.2008, within a period of twelve weeks from the date of receipt of a copy of this order.
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7. With the aforesaid directions, this writ petition stands disposed of. No costs.
28.11.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The State of Tamil Nadu, Rep. By its Secretary, (Higher Education) Fort St. George, Chennai - 600 009.
2. The Director of Collegiate Education, D.P.I. Complex, College Road, Chennai - 600 006.
3. The Regional Joint Director of Collegiate Education, IASE Complex, Saidapet, Anna Salai, Chennai - 600 015.
4. Principal Accountant General, Office of the Account General (A & E) Tamilnadu, 361, Anna Salai, Teynampet, Chennai - 600 018.
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ABDUL QUDDHOSE, J.
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