S.Palanichamy v. The Principal Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP(MD)No.13771 of 2019 S. Palanichamy ... Petitioner Vs.

1. The Principal Secretary, Planning, Development and Special Initiative Department, Secretariat, Chennai -9.

2. The Secretary / Commissioner, Economics and Statistics Department, Thenampet, Chennai - 6.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to expedite the proceedings on the basis of the 2nd respondent's proceedings in Lr. No. 19969/C4/2013-12 dated 28.03.2018 to revise the petitioner's salary as per his seniority and consequently direct the 2nd respondent to grant pension as per revised scale of pay from 02.02.2011 and to pay 18% interest for the delay of payment on the basis of his representation dated 17.06.2019.

For Petitioner : Mrs. J.Balameenakshi For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

This Writ Petition has been filed for issuing a direction to the respondents to expedite the proceedings, on the basis of the 2nd respondent's proceedings in Lr. No. 19969/C4/201312, dated 28.03.2018 and to revise the petitioner's salary as per his seniority and consequently, direct the 2nd respondent to grant pension as per revised scale of pay from 02.02.2011 and to pay 18% interest for the delay of payment on the basis of his representation dated 17.06.2019, within a time to be stipulated by this Court.

2. Mr. A. Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up disposal at the admission stage itself.

3. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the respondents, to consider the representation of the petitioner, dated 17.06.2019. https://hcservices.ecourts.gov.in/hcservices/

4. In support of his contention, the learned counsel for the petitioner has relied on the Judgment of this Court passed in WP(MD).No.19630 of 2018, dated 11.09.2018.

5. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered on merits within a specified time that may be fixed by this Court.

6. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the 2nd respondent to consider the representation of the petitioner, dated 17.06.2019 on merits and in accordance with law, and pass necessary orders, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner. Needless to say that the petitioner shall forward a copy of the representation along with a copy of this order to the second respondent, to enable him to comply with directions passed by this Court.

7. With the above direction, this writ petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) trp To

1. The Principal Secretary, Planning, Development and Special Initiative Department, Secretariat, Chennai -9.

2. The Secretary / Commissioner, Economics and Statistics Department, Thenampet, Chennai - 6. + 1 CC TO Mr.J.Balameenakshi, ADVOCATE IN SR No.69845 + 1 CC to The Special Government Pleader SR.No.70063 WP(MD)No.13771 of 2019 19.06.2019 KS(04.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/