N.Ganesan, v. The Registrar General,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition (MD) No.17209 of 2014 N.Ganesan ... Petitioner Vs.

1. The Registrar General, Madras High Court, Chennai 104.

2. The II Additional District and Sessions Judge (PCR Court), Thirunelveli District, Thirunelveli.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to take the appeal of the petitioner dated 17.08.2011 on the file and pass appropriate order within a stipulated period as fixed by this Court.

For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.N.Mohideen Basha

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J) Heard Mr.A.Jayaramachandran, learned counsel for the petitioner and Mr.N.Mohideen Basha, learned counsel for the respondents.

2.The petitioner seeks for innocuous relief in this writ petition by directing the first respondent to dispose of the appeal petition.

3.We find from the documents annexed in the typed set of papers, the petitioner's appeal petition dated 17.08.2011, was received in the office of the first respondent and the first respondent in turn has addressed the Government vide proceedings dated 09.05.2012 requesting the Government to clarify as to whether https://hcservices.ecourts.gov.in/hcservices/

the petitioner who was then working as Examiner in II Additional District Court, Tirunelveli is entitled for higher start of pay on par with graduate Junior Assistant, as per G.O.Ms.No.1193, Home (Courts-V) Department, dated 07.08.1995. It is not clear as to whether the Government has sent any reply to the High Court based on such enquiry.

4.Be that as it may, the appeal petition is pending since 2011 and it is appropriate that the same is to be disposed of within a reasonable time. Therefore, we are inclined to issue appropriate direction in this regard.

5.In the light of the above, the writ petition is disposed of by directing the first respondent to consider the appeal petition on merits and in accordance with law and if necessary, after getting appropriate clarification from the Government, pursuant to their earlier request dated 09.05.2012 and pass a speaking order and communicate the same to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Registrar General, Madras High Court, Chennai 104.

2. The II Additional District and Sessions Judge (PCR Court), Thirunelveli District, Thirunelveli.

+ 1 CC TO Mr.A.JAYARAMACHANDRAN, ADVOCATE IN SR No. 18885 SMS TE/JC/SAR-II : 13/04/2017 : 2P/4C Writ Petition (MD) No.17209 of 2014 03.04.2017 https://hcservices.ecourts.gov.in/hcservices/