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Madras High CourtWP(MD)/2421/2015disposed of

N.Tamilarasan, v. The Principal Accountant

2015-02-25Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2015 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition (MD) No.2421 of 2015 N.Tamilarasan ...

Petitioner Vs.

1.The Principal Accountant General, (Accounts and Entitlements), 361, Anna Salai, Chennai 108.

2.The Principal Conservator of Forests, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai.

3.The Government of Tamil Nadu, represented by its Secretary to Government, Environment and Forest Department, Chennai 9.

4.The District Forest Officer, Race Course Road, Madurai 625 002.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to pass suitable orders to rectify the pay anomaly of the petitioner to fix the original family pension of the petitioner based on the petitioner's actual last drawn pay of Rs.18950 +GP5400 in the pay scale of 15600=39100 in view of the proceedings of the 2nd respondent in NO. M2/9535/2001 dated 01.12.2011 and that of the 4th respondent in Proc No.5424/2014/E1 dated 14.10.2014 and pass any such further or other orders.

For Petitioner : Mr.Lakshmi Gopinathan For 1st Respondent : Mr.P.Gunasekaran For Respondents 2-4 : Mr.K.P.Krishnadoss, Government Advocate.

ORDER

Heard the learned counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Government Advocate who takes notice for the respondents 2 to 4 and Mr.P.Gunasekaran, learned counsel who takes notice for the first respondent. By consent, the writ petition is taken up for final disposal at the admission stage.

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2.The petitioner seeks for a Mandamus directing the respondents 1 to 3 to pass suitable orders to rectify the pay anomaly of the petitioner and to fix original family pension of the petitioner based on his actual last drawn pay in view of the proceedings of the second respondent dated 01.12.2011 and that of the 4th respondent dated 14.10.2014.

3.Perusal of the averments made in the affidavit filed in support of the writ petition as well as the documents filed in the typed set of papers would show that the petitioner's pay has been revised as per Government Letter dated 12.11.2010 as indicated by the fourth respondent through his proceedings dated 14.10.2014. 4.The grievance of the petitioner is that even though such proceedings were issued, no final orders have been passed. It is further stated that the second respondent is the competent authority to issue final orders based on those proceedings.

5.Considering the above stated facts and circumstances, this writ petition is disposed of by directing the second respondent to consider the grievance of the petitioner and pass appropriate orders on merits and in accordance with law in the light of the proceedings already issued by the fourth respondent on 14.10.2014 within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(AE) \\True copy\\ Sub Assistant Registrar To 1.The Principal Accountant General, (Accounts and Entitlements), 361, Anna Salai, Chennai 108.

2.The Principal Conservator of Forests, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai.

3.The Secretary to Government, Government of Tamil Nadu, Environment and Forest Department, Chennai 9. 4.The District Forest Officer, Race Course Road, Madurai 625 002. +1 CC TO M/S.M.RAVI, ADVOCATE SR.NO.8733 +1 CC TO THE SPL.GOVT.PLEADER SR.NO.9507 +1 CC TO MR.P.GUNASEKARAN, ADVOCATE SR.NO.9090 Writ Petition (MD) No.2421 of 2015 25.02.2015 SMS NA/05/03/2015/P2/8C https://hcservices.ecourts.gov.in/hcservices/