B.Poovan, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.166 of 2018 B.Poovan

...Petitioner

Vs.

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, Virudhunagar District, Virudhunagar.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the Principal Secretary to Government, Revenue Department, Chennai to sanction the last increment of the petitioner which fell due on 01.07.2008 as per the specific provisions contained in FR 26 (a) appendix (IX) and as per the positive orders passed in number of writ petitions and to send revised pension proposals to the Accountant General, Chennai, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam 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 is taken up for final disposal.

3.The petitioner retired as Village Administrative Officer, S.Kallupatti Village, Kariapatti Taluk, Virudhunagar District on 30.06.2008. The case of the petitioner is that as the next increment was due on 01.07.2008, he should also be sanctioned with https://hcservices.ecourts.gov.in/hcservices/

the increment, as per the relevant rules. Though the petitioner has submitted a representation in this regard on 25.11.2017, no order has been passed thereon.

4.Therefore, the first respondent is directed to sanction the petitioner's last increment which fell due on 01.07.2008 within a period of twelve weeks from the date of receipt of a copy of this order and also disburse the arrears immediately thereafter. Since the last increment has been directed to be sanctioned, the petitioner's pension will also have to be correspondingly revised. The entire exercise of sanctioning of last increment and revision of the petitioner's pension shall be done within a period of twelve weeks from the date of receipt of copy of this order and arrears will have to be disbursed forthwith.

5.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, Virudhunagar District, Virudhunagar.

+One cc to Mr.S.Visvalingam, Advocate, SR.No.46079 +One cc to The Special Government Pleader, SR.No.46574 tsg RL/6C/2P/SKN/RSK/SAR4/19/2/2018 W.P.(MD).No.166 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 05.02.2018