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Madras High CourtWP/33106/2022disposed of

V.Vinayagam, v. The Director General Of Police

2022-12-08Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.12.2022 Coram The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Vinayagam .. Petitioner Vs 1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai.

2.The Commissioner of Police, Chennai City, Vepery, Chennai - 7 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 30.09.2022 to fix the basis salary at the time of retirement dated 31.03.2018 on par with the similarly placed persons. For Petitioner :

Mr.V.Lakshminarayanan For Respondents :

Mr.R.V.Dinesh Rajkumar Additional Government Pleader 1/5

ORDER

1.

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 30.09.2022 seeking to fix his basic salary at the time of retirement dated 31.03.2018 on par with the similarly placed persons.

2.

According to the petitioner, even though the date of appointment and the date of retirement of the similarly placed employees are one and the same, the petitioner's salary fixed on the date of retirement i.e. 31.03.2018 is lower than that of the similarly placed employees. In such circumstances, he has given the representation dated 30.09.2022 to re-fix his basic salary at the time of retirement dated 31.03.2018 on par with similarly placed employees. Since the representation was not considered till date, he has filed this writ petition.

3.

Heard Mr.V.Lakshminarayan, learned counsel for the petitioner and Mr.R.V.Dinesh Rajkumar, learned Additional Government Pleader accepts notice on behalf of the respondents. 2/5

4.

No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law within a time frame fixed by this Court. This court is not expressing any opinion on the merits of the petitioner's claim. 5.

For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 30.09.2022, to refix his basic salary at the time of retirement dated 31.03.2018 on par with similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order.

6.

With the aforesaid direction, this writ petition is disposed of. No costs.

08.12.2022 Index:No ssm 3/5

To 1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai.

2.The Commissioner of Police, Chennai City, Vepery, Chennai - 7.

4/5

ABDUL QUDDHOSE,J.

ssm 08.12.2022 5/5