Chandrasekaran v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.8713 of 2024 Chandrasekaran ... Petitioner Vs.
1.The Director General of Police, State of Tamil Nadu, Kamarajar Salai, Mylapore, Chennai - 600 004.
2.The Principal Accountant General, 361, Anna Salai, Teynampet, Chennai - 600 018.
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3.The Superintendent of Police Dindigul District, Dindigul.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to settle the arrears amount of Rs.69,070/- (Rupees Sixty Nine Thousand and Seventy only) to be paid to the petitioner in the light of the proceedings of the 3rd respondent in Na.Ka.No.D3/11108-3/136/2021 dated 23.01.2023. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.N.Ramesh Arumugam, Special Government Pleader Mr.P.Gunasekaran - for R2 Standing Counsel
ORDER
The petitioner has filed this Writ Petition seeking a Writ of Mandamus to direct the the 3rd respondent to settle the arrears amount of Rs.69,070/- (Rupees Sixty Nine Thousand and Seventy 2/9
only) to be paid to the petitioner in the light of the proceedings of the 3rd respondent in Na.Ka.No.D3/11108-3/136/2021 dated 23.01.2023.
2. Heard Mr.S.Sarvagan Prabhu, learned counsel for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate for the respondents 1 and 3 and Mr.P.Gunasekaran, learned Standing Counsel for the second respondent.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. Pursuant to the notice sent by the petitioner, dated 12.11.2022 to the third respondent stating that earlier direction given by this Court in W.P.(MD)No.14 of 2022, dated 04.01.2022 was not implemented, the third respondent has sought a clarification from the first respondent, who is his superior. In the said 3/9
clarification for fixation of pay, it is stated as under : 4/9
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5. The language of the letter only reveals that the third respondent is incapable of passing any order as he waits for the clarification to be offered by the first respondent. The third respondent cannot keep the proceedings pending, despite a direction has been issued by this Court in the earlier W.P.(MD)No.14 of 2022, dated 04.01.2022.
6. Since the third respondent awaits a clarification from the first respondent, it is appropriate to direct the first respondent also to offer his clarification in order to enable the third respondent to pass orders in compliance with the earlier order issued by this Court W.P.(MD)No.14 of 2022.
7. Accordingly, the Writ Petition is disposed of, by directing the first respondent to offer the clarification sought by the third respondent within a period of three weeks from the date of 6/9
receipt of a copy of this order and on receipt of the same, the third respondent shall dispose of the representation of the petitioner in accordance with the earlier directions given in this regard in W.P.(MD)No.14 of 2022 dated 04.01.2022 within a period of six weeks thereafter. No costs.
05.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 7/9
To 1.The Director General of Police, State of Tamil Nadu, Kamarajar Salai, Mylapore, Chennai - 600 004.
2.The Principal Accountant General, 361, Anna Salai, Teynampet, Chennai - 600 018.
3.The Superintendent of Police Dindigul District, Dindigul.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.8713 of 2024 Dated:
05.04.2024 9/9