K.Sivan, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. NO. 29240 OF 2017 AND W.M.P. NOS. 31496 OF 2017 AND 25476 OF 2018 K.Sivan ... Petitioner -vs1. The Principal Secretary to Government Finance (Paycell) Department Fort St. George Chennai - 600 009.

2. The Director General of Police Tamilnadu Kamarajar Salai Mylapore Chennai - 600 004.

3. The Superintendent of Police The Nilgiris District Jail Hill Udhagamandalam - 643 001.

4. The Principal Account General (A&E) O/o. Principal Account General Tamilnadu, No.361, Anna Salai Chennai - 600 018.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order of refixation and recovery issued by the Third Respondent in cancellation of pay stepped up order in D.O. No. 1116/2017, C.No.M1/0141/2017 dated 24.08.2017 and quash the order and consequently, direct the Respondents 1 to 4 to continue the benefit of stepped up pay on par with batchmate /junior in the post of Special Sub Inspector of Police to the Petitioner and

also direct the Respondents 1 to 4 to repay the Petitioner and also direct the Respondents 1 to 4 to repay the amount already recovered.

For Petitioner :

No appearance For Respondent :

Mrs. C.Sangamithirai (For R1 to R3) Special Government Pleader R4-No appearance

O R D E R

Though the matter has been posted under the caption 'for dismissal', there was no representation for the Petitioner when the matter was called at 10.35 a.m. today, apart from the earlier hearing on 11.03.2022. There does not appear to be any useful purpose being served in keeping the Writ Petition pending indefinitely when the Petitioner is not interested in prosecuting the same.

2.In such circumstances, the Writ Petition is dismissed for non-prosecution. It is made clear that the Petitioner is not precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Maya To

1. The Principal Secretary to Government Finance (Paycell) Department Fort St. George Chennai - 600 009.

2. The Director General of Police Tamilnadu Kamarajar Salai Mylapore Chennai - 600 004.

3. The Superintendent of Police The Nilgiris District Jail Hill Udhagamandalam - 643 001.

4. The Principal Account General (A&E) O/o. Principal Account General Tamilnadu, No.361, Anna Salai Chennai - 600 018.

Copy to K.Sivan S/o. S.Kalan No.108, Good Shed Road Behind Rahim Saw Mill St. Mary's Hill (Post) Udhagamandalam The Nilgiris District - 643 001.

+1cc to the Government Pleader, S.R.No.17754 W.P. No. 29240 of 2017 GPL(CO) PM/25/03/2022