D.Santhakumar v. Secretary To Governemnt,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Santhakumar

...Petitioner

-Vs1. The Secretary to Government, Municipal Administration Water Supply Department, Government of Tamilnadu, Secretariat, Chennai-600 002.

2. The Commissioner, Greater Chennai Corporation, Ripon Building Campus, Chennai-600 003.

3. The Deputy Collector, Administration-North, Greater Chennai Corporation, Ripon Building Campus, Chennai-600 003.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider petitioner's representation dated 08.03.2023 and restore and refix the Pay Scale of Rs.1100-1600 in the Post of Carpenter Grade-I and pay all consequential benefits.

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For Petitioner : Mr.Sai Srujan Tayi For Respondent 1 : Mr.S.Rajesh, Government Advocate For Respondent 2 & 3 : Mr.S.Gopinathan

ORDER

This writ petition has been filed for direction to the 1st respondent to consider the request seeking restore and refix the pay scale in the post of Carpenter Grade-I.

2. The petitioner was originally appointed in the post of Carpenter on 28.12.1992. He was promoted as Conservancy Maistry and Conservancy Inspector respectively. While being so, he was suspended from service and subsequently he was removed from service by an order dated 03.05.1999. The order of removal from service was canceled and he was imposed with compulsory retirement. The petitioner is now claiming refixation of salary on the ground that as per rule, a person who has completed ten years of service is entitled for selection grade pay. After a period of two decades, now the petitioner submitted representation for refixation of pay scale. Mere submission of representation will not be any cause of action. 2/4

3. Therefore, the case of the petitioner cannot be considered and the writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. No costs.

02.02.2024 Index : Yes/No Internet: Yes/No gvn 3/4

G.K.ILANTHIRAIYAN,J.

gvn To

1. The Secretary to Government, Municipal Administration Water Supply Department, Government of Tamilnadu, Secretariat, Chennai-600 002.

2. The Commissioner, Greater Chennai Corporation, Ripon Building Campus, Chennai-600 003.

3. The Deputy Collector, Administration-North, Greater Chennai Corporation, Ripon Building Campus, Chennai-600 003.

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