P. Kusalavan, v. The Govt. Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 31.07.2015 C O R A M THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Writ Petition (MD) No.13449 of 2015 P.Kusalavan ...

Petitioner Vs 1.The Government of Tamil Nadu, represented by its Principal Secretary to Finance Department, Fort St.George, Chennai-600 009.

2.The Additional Director General of Prison, Prisonary Department, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

...

Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 04.07.2015 and thereby provide the pension benefits and monetary benefits to the petitioner by revising the scale of pay on part with the post of Sub-Inspector of Police on the basis of the Government Order G.O.Ms.No.235 dated 01.06.2009, G.O.Ms.No.67 dated 26.02.2011 which is enclosed by the petitioner in his representation.

For Petitioner ... Mr.A.Rajaram For Respondent ... Mr.S.Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 04.07.2015 and thereby provide the pension benefits and monetary benefits to the petitioner by revising the scale of pay on part with the post of Sub-Inspector of Police on the basis of the Government Order G.O.Ms.No.235 dated 01.06.2009, G.O.Ms.No.67 dated 26.02.2011 which is enclosed by the petitioner in his representation. https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondent and by consent of both parties, the writ petition itself is taken up for final disposal.

3. Even though the petitioner has come forward with the aforesaid prayer, the learned Counsel appearing on behalf of the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the respondents are directed to dispose of the representation of the petitioner, dated 04.07.2015, if not already disposed of, and pass appropriate orders on the same and in accordance with law, within a period of three months from the date of receipt of a copy of this order, after affording the petitioner an opportunity of being heard. If on a specified date the petitioner does not appear for personal hearing, orders may be passed in accordance with law based on the available records after recording the absence of the Party/Parties. The persons, who are likely to be affected are also to be heard before any final decision is to be taken. 5.With the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar ssl To 1.The Principal Secretary to Finance Department, The Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Additional Director General of Prison, Prisonary Department, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

+1CC to Spl.Government Pleader SR.No.43955 +1CC to Mr.A.Rajaram Advocate Sr.No.42421 GJM-21.8.15-2P-6C Writ Petition (MD) No.13449 of 2015 Dated: 31.07.2015 https://hcservices.ecourts.gov.in/hcservices/