B.Nirmala v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36321 of 2024 B. Nirmala
...Petitioner
Vs
1. The State of Tamil Nadu Rep by its Secretary, Revenue and Disaster Management Department, Secretariat, Chennai 600 009.
2. The Director of Medical and Rural Health Services, Chennai - 6.
3. The Joint Director of Medical Health Services, Vellore, Vellore District.
4. The Dean, Government Medical College and Hospital, Omandurar Government Estate, Chennai 600 002.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to sanction advance increment to the petitioner for passing Account Test for Subordinate Service Officers, Paper-I, with effect from 08.07.2022 in the post of Chief Chemists as per G.O.(Ms) No.37 Personnel and 1/5
Administrative Reforms ( Fr-IV) Department, dated 10.03.2020 and in the light of the Government Letter dated 09.01.2023 with all consequential and monetary benefits by considering the representation of the petitioner dated 23.01.2023 and the reminder letter dated 27.05.2024 within a time frame fixed by this Court and pass orders. For Petitioner : Mr. S.N. Ravichandran For Respondent : Mr. M. Bindran Additional Government Pleader
ORDER
By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.
2. This petition is filed seeking to issue a Writ of Mandamus directing the respondents to sanction advance increment to the petitioner for passing Account Test for Subordinate Service Officers, Paper-I, with effect from 08.07.2022 in the post of Chief Chemists as per G.O.(Ms) No.37 Personnel and Administrative Reforms ( Fr-IV) Department, dated 10.03.2020 and in the light of the Government Letter dated 09.01.2023 with all consequential and monetary benefits by considering the representation of the petitioner dated 23.01.2023 and the reminder letter 2/5
dated 27.05.2024 and pass orders
3. The facts of the case is that the petitioner worked as a Chief Pharmacist in the second respondent and retired on 31.07.2023. The grievance of the petitioner that he has given a representation to the second respondent requesting to sanction his advance increment for passing the account Test for Subordinate Officer Part-I w.e.f from 08.07.2022. However, the same was not considered due to which he sent a reminder on 27.05.2024 and the same is pending without any progress. Hence, this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents o consider petitioner's representation dated 27.05.2024 and pass orders.
5. The learned Additional Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner on merits and in accordance with law.
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6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 27.05.2024 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above observations this writ petition stands disposed of. No order as to costs.
28.11.2024 Index:Yes/No Speaking order/Non-speaking order smn
1. The Secretary, Revenue and Disaster Management Department, Secretariat, Chennai 600 009.
2. The Director of Medical and Rural Health Services, Chennai - 6.
3. The Joint Director of Medical Health Services, Vellore, Vellore District.
4. The Dean, Government Medical College and Hospital, Omandurar Government Estate, Chennai 600 002.
V.BHAVANI SUBBAROYAN,J.
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