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Madras High CourtWP(MD)/2862/2025disposed of

B.Sekar v. The State Of Tamil Nadu

2025-01-31Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.2862 of 2025 B.Sekar Special Sub Inspector of Police (Retired) Door No.4/201, Vinayagarkovil Street, Gandhi Nagar, Kappalur, Thirumangalam Taluk, Madurai - 625 008.

... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Home (Police) Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, (Head of Police Force), Office of the Director General of Police, Mylapore, Chennai - 600 004.

3. The Superintendent of Police, District Police Office, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 1/5

and 3 to consider and dispose the petitioner's representation dated 03.10.2024, relating to restoration of the pay and for re-fixation of the petitioner's pension in accordance with the last drawn pay while in service and to repay the recovered excess amount of Rs.1,62,357/- and to pay enhanced pension with all the arrears thereon within the time limit that may be stipulated by this Court.

For Petitioner : Mr.K.Vijayanand For Respondents : Mr.A.Baskaran Additional Government Pleader

O R D E R

The instant Writ Petition has been filed by a retired Special Sub Inspector of Police, seeking a Mandamus as against the third respondent to consider his representation dated 03.10.2024.

2. A perusal of the representation reveals that the petitioner has attained superannuation as Special Sub Inspector of Police on 30.06.2022. At the time of his retirement, he was forced to deposit a sum of Rs.1,62,357/-, in view of the allegation that he had been paid excess salary. According to him, he has entitled to for that salary and deduction have been made erroneously. Therefore, he is prayed for refund of the said amount and for re-fixation of 2/5

pay and pensionary benefits. To the said effect, the petitioner has sent a representation on 03.10.2024. Since the same has not been considered, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. Considering the above said facts, the third respondent herein is directed to consider the representation of the petitioner dated 03.10.2024 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

31.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Additional Chief Secretary to Government, Home (Police) Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, (Head of Police Force), Office of the Director General of Police, Mylapore, Chennai - 600 004.

3. The Superintendent of Police, District Police Office, Madurai District.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.2862 of 2025 31.01.2025 5/5