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Madras High CourtWP(MD)/11565/2022disposed of

Deivendran.C v. The Agricultural Production Commissioner And

2022-06-14Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN C.Deivendran ... Petitioner /vs./ 1.The Agricultural Production Commissioner and Principal Secretary to Government, Department of Agriculture, Secretariat, Chennai-600 009.

2.The Director of Agriculture, Ezhilagam, Chepauk, Chennai-600 005.

3.The Joint Director of Agriculture, Perum Thitta Vilagam, Near collectorate, Thiruvallur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent i.e., the Director of Agriculture, Chennai, to send revised pay fixation proposals in the cadre of Deputy Agricultural Officer on par with the petitioner's junior Thiru.P.T.Manimaran as per the detailed guidelines issued by the Government in Government Letter No.22508/FR-I/2019-1, dated 03.09.2019 and as per the instruction contained in para 12 of the G.O(2D) No.49, Agriculture AA4(2) Department dated 26.02.2021 within a specified time frame and on receipt of it, the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Chennai, to pass appropriate orders for sending revised pension proposals to the Accountant General, Chennai, within a specified time frame, that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : M/s.D.Farjana Ghousiya, Special Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

2.This writ petition has been filed seeking mandamus to direct the second respondent to send revised pay fixation proposal of the petitioner, in the cadre of Deputy Agricultural Officer on par with the petitioner's junior Thiru.P.T.Manimaran, within a specified time frame and on receipt of it, the first respondent, to pass appropriate orders for sending revised pension proposal to the Accountant General, Chennai.

3.The learned counsel for the petitioner would submit that the petitioner gave a representation to the third respondent for refixation of pay scale in the cadre of Deputy Agricultural Officer, on par with his junior Thiru.P.T.Manimaran, who was getting more pay than the petitioner.

The third respondent vide Letter No.A2/5955/2015 dated 04.02.2019, sent a proposal to the second respondent for re-fixation of pay. This proposal is now pending with the second respondent. The second respondent has to send the revised pay fixation proposal to the first respondent for appropriate orders. However, despite the proposal was sent by the third respondent dated 04.02.2019, till date no step has been taken. Hence, the present writ petition came to be filed. 4.The learned Government Advocate appearing for the respondents would fairly submit that the representation of the petitioner will be considered on merits and in accordance within a time frame as fixed by this Court.

5.Considering the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the respondents 1 and 2 herein to consider the recommendation sent by the third respondent in his Letter No.A2/5955/2015 dated 04.02.2019, on its own merits and in accordance with law and pass appropriate orders, as expeditiously as possible, preferably, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // /06/2022 Sub Assistant Registrar(CS) 2/3

cp To:- 1.The Agricultural Production Commissioner and Principal Secretary to Government, Department of Agriculture, Secretariat, Chennai-600 009.

2.The Director of Agriculture, Ezhilagam, Chepauk, Chennai-600 005.

3.The Joint Director of Agriculture, Perum Thitta Vilagam, Near collectorate, Thiruvallur District.

+1 CC to M/s.S. VISVALINGAM, Advocate ( SR-25544[F] dated 14/06/2022 ) +1 CC to M/s.SPL.GP ( SR-25843[F] dated 15/06/2022 ) Order made in Dated:

14.06.2022 SS(24/06/2022) 3P 6C 3/3