Saravanan.K v. The Joint Director Of Agriculture

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Saravanan ... Petitioner Vs.

The Joint Director of Agriculture, Collectorate Complex, Thoothukudi, Thoothukudi District.

... Respondent Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent ie., the Joint Director of Agriculture, Thoothukudi, to pass appropriate orders on the petitioner's representation, dated 28.01.2019 regarding payment of additional charge allowance, as per the provisions contained under Fundamental Rule 49, within a specified time frame, that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondent : Mrs.K.Christy Theboral, Additional Government Pleader 1/5

O R D E R

This writ petition has been filed for a direction to the respondent ie., the Joint Director of Agriculture, Thoothukudi, to pass appropriate orders on the petitioner's representation, dated 28.01.2019, regarding payment of additional charge allowance, as per the provisions contained under Fundamental Rule 49, within a specified period.

2. The case of the petitioner is that the petitioner is serving as Deputy Director of Agriculture(C), State Pesticide Testing Laboratorycum-Coding Centre, Vaigai Dam, Theni. When the petitioner was serving as Assistant Director of Agriculture, Karungulam Block, Thoothukudi District, the petitioner was ordered to hold additional charge of the post of Assistant Director of Agriculture, Ottapidaram Block, Thoothukudi District, for the period from 04.05.2018 to 23.01.2019. The grievance of the petitioner is that the petitioner was not paid with additional charge allowance for the above said period. Hence, the petitioner made repeated representations to the respondent on 28.01.2019. However, no order was passed. Hence, the petitioner has 2/5

filed this writ petition with the aforesaid period.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent is directed to dispose of the representation of the petitioner, dated 28.01.2019, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondent, 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 respondent to consider the petitioner's representation, dated 28.01.2019 and pass appropriate 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.

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

28.02.2023 pm To The Joint Director of Agriculture, Collectorate Complex, Thoothukudi, Thoothukudi District.

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M.DHANDAPANI,J.

pm 28.02.2023 5/5