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Madras High CourtWP(MD)/14507/2019disposed of

K.Kumarasamy, S/O.Kumarasamy v. The Principal Secretary

2019-07-30Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14507 of 2019 K.Kumarasamy ... Petitioner Vs.

1. The Principal Secretary, Planning, Development and Special Initiative Department, Secretariat, Chennai - 9.

2.The Secretary / Commissioner, Economics and Statistics Department, Thenampet,Chennai - 6.

3.The Principal, District Institute of Educational Training Centre, Otanchathiram, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to expedite the proceedings on the basis of the 2nd respondent's proceedings in Letter. No. 19969/C4/2013-6, dated 28.03.2018 to revise petitioner's salary as per his seniority and consequently direct the second respondent to grant pension as per revised scale of pay from 02.02.2011 and to pay 18% interest for the delay of payment on the basis of his representation dated 22.02.2019.

For Petitioner : M/s.J. Balameenakshi For Respondents : Mr. M. Pandiyarajan Government Advocate

ORDER

This Writ Petition has been filed for issuing a direction to the respondents to expedite the proceedings on the basis of the 2nd respondent's proceedings in Letter. No. 19969/C4/2013-6, dated 28.03.2018 to revise the petitioner's salary as per his seniority and consequently, direct the second respondent to grant pension as per revised scale of pay from 02.02.2011 and to pay 18% interest for the delay of payment, on the basis of his 1/6

representation dated 22.02.2019.

2. The case of the petitioner is that he lastly served as Statistical Officer in the 3rd respondent office and retired on 30.04.2013, on attaining the age of superannuation.

3. The grievance of the petitioner is that he made a representation, dated 22.02.2019 to the respondents for refixing his salary as per his seniority, based on the letter of the second respondent, dated 28.03.2018 and to grant pension as per revised scale of pay from 02.02.2011. Since no order has been passed on the petitioner's representation, the petitioner is before this Court seeking the above relief.

4. Even though, this petition has been filed for a larger relief, during the course of arguments, the learned counsel appearing for the petitioner restricted the prayer sought for by the petitioner and requested to consider the petitioner's representation, dated 22.02.2019, in the light of the earlier order passed by this Court in WP(MD).No.9738 of 2019, dated 24.04.2019 and pass appropriate orders, within the time frame to be fixed by this Court.

5. The learned Government Advocate appearing for the respondents, produced a letter, dated 22.07.2019 issued by the 1st respondent, wherein it has been stated that as per the earlier direction of this Court, the similar issue is pending in WP(MD). Nos.12982, 13771 and 12877 of 2019 before the Government and on the basis of the above said letter, he seeks 10 months time to consider the petitioner's representation, dated 22.02.2019.

6. In view of the above said submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondents to consider the representation of the petitioner, dated 22.02.2019, and pass appropriate orders, in accordance with law, as expeditiously as possible, in any event, not later than six months from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) 2/6

To

1. The Principal Secretary, Planning, Development and Special Initiative Department, Secretariat, Chennai - 9.

2.The Secretary / Commissioner, Economics and Statistics Department, Thenampet, Chennai - 6.

3.The Principal, District Institute of Educational Training Centre, Otanchathiram, Dindigul District.

+1 CC to M/s.J.BALAMEENAKSHI, Advocate ( SR-79060[F] dated 01/08/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-79287[F] dated 01/08/2019) W.P(MD)No.14507 of 2019 30.07.2019 trp AE/(13.08.2019) 3P 6C 3/6