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Madras High CourtWP(MD)/2758/2022disposed of

Sundararajapandian v. The Secretary To Government

2022-02-10Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.2758 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.2758 of 2022 and W.M.P.(MD) No.2438 of 2022 Sundararajapandian ... Petitioner -vs1.The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Fort St. George, Chennai.

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, B2, Meenatchi Kovil (Law and Order) Police Station, Madurai City, Madurai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to provide consolidated pay as per the G.O.Ms.No.303, dated 11.10.2017 to the petitioner, consequently to direct the respondents to release pending arrears consolidated pay from 11.10.2017 to till disposal of this Writ Petition to the petitioner in accordance with law within the time stipulated by this Court. For Petitioner : Mr.S.Abdul Rahuman, Advocate For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to provide consolidated pay as per G.O.Ms.No.303 Finance (Pay Cell) Department, dated 11.10.2017 to the petitioner.

2.The case of the petitioner is that he served in Indian Army and retired from service on 24.06.2015. Thereafter, the petitioner was appointed as Special Police Officer in Temple Protection Force in proceeding dated 24.06.2015 as a temporary employee. A consolidated salary of Rs.5,000/- is paid as per G.O.Ms.No.45, Home (Pol. XIV) Department dated 09.01.2012.

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W.P.(MD) No.2758 of 2022 3.The only claim of the petitioner is that he is entitled for a consolidated pay as per G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017. The existing consolidated pay has been fixed as per G.O.Ms.No.45, Home (Pol. XIV) Department, dated 09.01.2012 and therefore, the Government Order issued in G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 whether applicable or not is to be clarified by the Government. 4.The learned Additional Government Pleader appearing for the respondents made a submission that a clarification has been sought for in respect of the Government Order and its applicability for the Special Police Officers engaged in Temple Protection Force. In the event of getting a clarification, the case of the petitioner will be considered on merits and in accordance with law. 5.

Thus, the 1st respondent is directed to provide appropriate clarification to the concerned authorities for the purpose of implementation of the Government Order issued in G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 more specifically, in respect of the Special Police Officers engaged in Temple Protection Force.

6.With the above direction, this Writ Petition stands disposed of. No costs. consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Fort St. George, Chennai.

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, B2, Meenatchi Kovil (Law and Order) Police Station, Madurai City, Madurai.

W.P.(MD) No.2758 of 2022 10.02.2022 RS(22.02.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2