Madras High CourtWP(MD)/1507/2018allowed

Rajendran, v. The Secretary To Government

2018-02-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.1507 of 2018 Rajendran

...Petitioner

Vs.

1. The Secretary to Government, Department of Home, Secretariat, Chennai.

2. The Director General of Police, Mylapore, Chennai.

3. The Commissioner of Police, Madurai City, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 29.12.2017 regarding sanction of the last increment which fell due on 01.04.2013 as per the G.O.Ms.No.311 dated 31.12.2014 within a stipulated time as may be fixed by this Court. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition itself is taken up for final disposal.

3.The petitioner retired form the Police Department on 31.03.2013. However, the final increment which fell due on 01.04.2013, was not included while computing his pension. https://hcservices.ecourts.gov.in/hcservices/ 4.The case of the petitioner is that the increment which fell

due immediately after his retirement should also be sanctioned. The issue on hand is no longer res integra. By order dated 05.07.2017, W.P.(MD).No.12322 of 2017, this Court allowed a similar Writ Petition.

5.Following the same, this Court directs the respondents to sanction the last increment which fell due on 01.04.2013. An order sanctioning such increment will be passed within a period of eight weeks from the date of receipt of a copy of this order. As a consequence, the petitioner's pension will also have to be consequentially revised. The arrears payable to the petitioner will also be disbursed within a period of twelve weeks from the date of receipt of a copy of this order.

5.The Writ Petition stands allowed accordingly. No costs. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Department of Home, Secretariat, Chennai.

2. The Director General of Police, Mylapore, Chennai.

3. The Commissioner of Police, Madurai City, Madurai.

+ 1 cc TO Mr.M.Jagadeesh Pandiyan , Advocate in SR No. 50340 + 1 cc TO The Special Government Pleader in SR No. 50552 tsg AE/SV MMS/SAR4/02.05.2018/2P/6C W.P.(MD).No.1507 of 2018 21.02.2018 https://hcservices.ecourts.gov.in/hcservices/