J.Sahaya Arul v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J.Sahaya Arul ... Petitioner Vs The Registrar, Anna University, Chennai - 600 025.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to sanction and disburse Annual increments from 2013 onwards along with 7th pay commission salary to the petitioner within a reasonable time as stipulated by this Court.

For Petitioner : Mr. A.Ajith Geethan For Respondent : Mr.E.V.N.Siva Standing Counsels 1/5

ORDER

The present writ petition has been filed seeking a direction to the respondent herein to sanction and disburse Annual increments from 2013 onwards along with 7th pay commission salary to the petitioner within a reasonable time as stipulated by this Court.

2.By consent of both parties, considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard, the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. Perused the materials on record.

4.The petitioner was initially appointed as a System Administrator on 30.04.2008 by erstwhile Anna University of Technology, Tirunelveli. Thereafter, his appointment was approved by the Syndicate and he was brought on time scale of pay and was granted first increment from April, 2009. He was given with annual increments from the year 2009 to 2012. After the merger of 2/5

erstwhile Anna University of Technology, Tirunelveli with the present Anna University, the increments and leave benefits were not granted to him. In this regard, he made representation to the respondent on 06.02.2024 seeking to disburse his annual increments from the year 2013 onwards and the salary based on the 7th pay commission. However, the same was not considered. Hence, this writ petition came to be filed.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct the respondent to consider the same within the stipulated time. 6.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the respondent to consider the representation of the petitioner, dated 06.02.2024 3/5

and pass appropriate orders in accordance with law, within a period of twelve

(12) weeks, from the date of receipt of a copy of this order. 7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

19.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Registrar, Anna University, Chennai - 600 025.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 19.03.2024 5/5