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Madras High CourtWP/29533/2018disposed of

P.A.Sardaar v. The Chief Engineer

2019-12-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.29533 of 2018 P.A.Sardaar

...Petitioner

Vs.

The Chief Engineer, Agricultural Engineering Department, 487, Annasalai, Nandanam, Chennai 5 ..Respondent Common Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to issue selection grade pay with arrears, interest and compensation to the petitioner within a stipulated time.

For Petitioner : E.Elvina For Respondents : Mr.P.S.Sivashanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed seeking for a issue of writ of Mandamus directing the respondent to issue a Selection Grade pay to the petitioner with arrears and interest.

2.

It is the case of the petitioner that he joined the respondent department in the year 1984 and he is working as Junior Engineer from the year 2007 onwards. The petitioner claims to be entitled for selection grade pay as per the 7th Pay commission and the same was not extended to the petitioner. When the petitioner enquired the respondent, he was informed that there is a criminal case pending against him, which was registered by CBCID. According to the petitioner, there is no such case pending against him. The petitioner has approached this Court seeking for the above relief on the ground that there is no charge memo pending or any criminal case pending against the petitioner and all his colleagues have been receiving the Selection grade pay, as per the 7th pay commission and the same has not been extended to the petitioner.

3.

Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/

4.

Considering the facts and circumstances of the case and the limited relief that has been sought for by the petitioner, this writ petition is disposed of with a direction to the respondent to consider the representation dated 29.10.2018 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to give a fresh representation along with copy of the representation dated 29.10.2018 and also a copy of this order to the respondent.

5.

This writ petition is disposed of with the above directions.

No costs.

Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (JJ Act) //True Copy// Sub Assistant Registrar rka To The Chief Engineer, Agricultural Engineering Department, 487, Annasalai, Nandanam, Chennai 5.

W.P.No.29533 of 2018 KK(CO) GN(29/01/2020) https://hcservices.ecourts.gov.in/hcservices/