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Madras High CourtWP(MD)/8416/2014allowed

A. Ramaraj v. The Accountant General

2018-03-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.8416 of 2014 and M.P.(MD).Nos.1 to 4 of 2014 A.Ramaraj ... Petitioner Vs.

1. The Accountant General, O/o. the Principal Accountant General (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai-600 018.

2. The Commissioner of Police, Madurai, Madurai District.

3. The Deputy Commissioner of Police, (Head Quarters), O/o. The Commissioner of Police, Madurai, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the first respondent in his proceedings No.PO5/10511873/3/PPO No.RO511873/POL dated 26.10.2013 and consequential order (served on 12.05.2014) passed by the third respondent in his proceedings C.No.PII(I)/ 4493/2014 dated 25.01.2014 and consequential order of recovery (Served on 12.05.2014)passed by the third respondent in his proceedings in C.No.PI(I)/20204/2014 dated 30.04.2014 and quash the same as illegal and consequently to direct the respondent to fix the petitioner's grade pay as 4400 with all other consequential benefits.

For Petitioner : Mr.C.Venkateshkumar for M/s. Ajmal Associates For Respondents : Mr.P.Gunasekaran for R1 Mr.Jeyakumar for R2 & R3 Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

Mr.P.Gunasekaran, learned counsel, takes notice on behalf of the first respondent and Mr.Jeyakumar, learned Additional Government Pleader, takes notice on behalf of the respondents 2 and 3. 2.By consent of both parties, the main Writ Petition itself is taken up for final disposal.

3.The orders impugned in the Writ Petition have been passed without notice to the petitioner. Therefore, on that sole ground, the impugned orders are quashed.

4.The second respondent is however at liberty to issue notice to the petitioner and thereafter, pass orders in accordance with law.

5.The Writ Petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Accountant General, O/o. the Principal Accountant General (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai-600 018.

2. The Commissioner of Police, Madurai, Madurai District.

3. The Deputy Commissioner of Police, (Head Quarters), O/o. The Commissioner of Police, Madurai, Madurai District.

+ 1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 53132 + 1 CC TO Mr.P.GUNASEKARAN, ADVOCATE IN SR No. 52830 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 53321 TSG TE/GT/SAR-1 : 20/03/2018 : 2P/7C W.P.(MD).No.8416 of 2014 05.03.2018 https://hcservices.ecourts.gov.in/hcservices/