Sekar.P v. The Agricultural Production Commissioner And Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Sekar ... Petitioner Vs.

1.The Agricultural Production Commissioner and Principal Secretary to Government, Department of Agriculture, Secretariat, Chennai-600 009.

2.The Director of Agriculture, Ezhilagam, Chepauk, Chennai-600 005.

3.The Deputy Director of Horticulture, Manoharan Road, Kattuputhukulam Road, Behind Central Bus Stand, Pudukkottai-622 001. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent (i.e.,) the Director of Agriculture, Chennai, to obtain ratification of the 1/6

Government on the proposals sent in Letter No.A1/200/2017 dated 10.06.2020 by the Deputy Director of Horticulture, Pudukkottai, for re-fixing the petitioner's pay on par with his junior namely P.T.Manimaran and send the revised pension proposals to the Accountant General, Chennai, within a specified time frame fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the second respondent (i.e.,) the Director of Agriculture, Chennai to obtain ratification of the Government on the proposal sent in Letter No.A1/200/2017 dated 10.06.2020, by the Deputy Director of Horticulture, Pudukkottai, for re-fixing the petitioner's pay on par with his junior, namely, P.T.Manimaran, and send the revised pension proposals to the Accountant General, Chennai, within a specified time frame fixed by this Court.

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2. The case of the petitioner is that the petitioner was serving as Deputy Horticulture Officer, Pudukottai and he superannuated on 31.05.2016. He made a representation on 27.02.2017 to the Director of Agriculture, Chennai, for re-fixation of his pay on par with his junior namely T.P.Manimaran. Thereafter, the Government has issued detailed instructions vide letter dated 11.12.2014. Pursuant to the same, the pay scales were revised by the Director of Agriculture vide proceedings dated 07.05.2018. The Deputy Director of Horticulture, Pudukottai, has also sent proposals to the Director of Horticulture and Plantation Crops, Chennai, vide Letter No.A1/200/2017 dated 10.06.2020. While so, the Deputy Director of Horticulture, Pudukottai, has informed the petitioner vide Letter No.A1/200/2017 dated 14.02.

2023 that on receipt of ratification of re-fixation of his pay on par with his junior by the Government, the revised pension proposals will be sent to the Accountant General, Chennai. However, the Government have not yet passed the orders on the proposals sent by the Director of Agriculture, Chennai. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

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3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to consider the proposal of the Deputy Director of Horticulture, Pudukottai, dated 10.06.2020, in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the proposal of the Deputy Director of Horticulture, Pudukottai, dated 10.06.2020, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

27.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To 1.The Agricultural Production Commissioner and Principal Secretary to Government, Department of Agriculture, Secretariat, Chennai-600 009.

2.The Director of Agriculture, Ezhilagam, Chepauk, Chennai-600 005.

3.The Deputy Director of Horticulture, Manoharan Road, Kattuputhukulam Road, Behind Central Bus Stand, Pudukkottai-622 001.

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M.DHANDAPANI,J.

ssb 27.02.2023 6/6