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Madras High CourtWP/28048/2018disposed of

C.Balasundaram v. The Treasury Officer

2018-10-25Honourable Mr Justice Satrughana Pujahari4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.28048 of 2018 C.Balasundaram .. Petitioner Vs The Treasury Officer, Cuddalore District, Cuddalore 607 001 .. Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent to implement the Revision of the Petitioner's Pension as per Letter Cell No.P07/2/10708941/PPO dated 09.06.2014 and to pay arrears of revised pension along with interest. For Petitioner : Mr.A.R.Nixon For Respondents : Mrs.R.Janaki, Additional Government Pleader

ORDER

Mrs.R.Janaki, learned Additional Government Pleader accepts notice on behalf of respondent.

2.

It appears that the petitioner filed this writ petition to revise his pension taking note of his pre-revised scale in view of G.O.Ms.No.363 Finance (PG-C) Department dated 23.08.2013. The Accountant General has also made recommendation for re-fixation of pension of the petitioner in pursuant to the said Government order and communicated the same to the Treasury Officer, Cuddalore bearing Cell No.-/P07/2/10708941/PPO dated 09.06.2014. The grievance of the petitioner is that his pension has not been revised inspite of the aforesaid letter dated 09.06.2014. The petitioner in this regard has also made representation to the respondent on 10.09.2018 to revise his pension accordingly and release him the benefits there of. Since, the said representation has not been evoked with any kind of response, the petitioner has come to file this writ petition seeking a direction to the respondent to revise the pension of the petitioner.

3.

However, during the course of hearing, the learned counsel appearing for the petitioner submits that though the petitioner has sought for the larger relief but now he wants to confine his prayer for seeking a direction to the respondent to take a decision on the representation of the petitioner and communicate the decision taken thereof to him.

4.

Mrs.R.Janaki, learned Additional Government Pleader appearing for respondent submits, that the respondent shall have no objection to consider the same but submits that this Court should not put any fetter on the respondent for consideration of such representation in any particular manner. 5.

Regard being had to the facts and circumstances of this case, especially the nature of relief sought for, this Court therefore dispose of this writ petition at the stage of admission with a direction to the respondent to take an informed and considered decision on such representation of the petitioner dated 10.09.2018, in the manner known to law, within a period of four weeks from the date of receipt of copy of this order, if there is no other legal impediment. However it is made clear that this Court has expressed no opinion on merit of such representation submitted by the petitioner. No costs. 25.10.2018 rka Index : Yes/No Internet : Yes/No To The Treasury Officer, Cuddalore District, Cuddalore 607 001

SATRUGHANA PUJAHARI.,J rka W.P.No.28048 of 2018 25.10.2018