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Madras High CourtWP(MD)/12627/2017disposed of

K.Murugan v. The Regional Manager /

2017-07-07Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12627 of 2017 K.Murugan ... Petitioner vs.

1.The Regional Manager/Deputy Collector, Tamil Nadu Civil Supplies Corporation, Madurai-20.

2.The Deputy Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to sanction the annual increment along with other benefits due to the petitioner from 2011 along with the deepavali bonus for 2011, 2012 and the difference of salary between the subsistence allowance from 21.07.2011 to 18.07.2012, by considering the petitioners representation dated 08.05.2017 as per law.

For Petitioner : Mr.R.Ramasamy For Respondents : Mr.D.Mayarajan TNCSC

O R D E R

By consent of both sides, this writ petition itself is taken up for final disposal.

2. This petition has been filed directing the respondents to sanction the annual increment along with other benefits due to the petitioner from 2011 along with the Deepavali bonus for 2011, 2012 and the difference of salary between the subsistence allowance from 21.07.2011 to 18.07.2012, by considering the petitioner's representation, dated 08.05.2017, as per law.

3. Mr.D.Mayarajan, standing counsel, takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

4. It is the claim of the petitioner that the petitioner was appointed to the post of Weighing Assistant in the respondent

Corporation on 05.07.2007 and the respondent Civil supplies Corporation confirmed his employment and fixed the scale of pay and increments by the order of the Deputy Regional Manager/second respondent herein, dated 12.10.2014. Subsequently, the petitioner was charged for offence under Section 6(2)(3) TNSC (RDCS) Order 1982 r/w. 7 (1)(a)(ii) of EC Act 1955 in Crime No.93 of 2012 by the Inspector of Police, Essential Commodities Wing. On completion of investigation, the Inspector of Police has filed the final report in C.C.No.48 of 2012 on the file of Judicial Magistrate No.III, Madurai. Though the charges were proved, the learned Judicial Magistrate No.III, Madurai has acquitted him by giving benefit of Section 4 (1) of Probation of Offenders Act by granting two years probation period not to give any room for similar complaints.

5. Subsequently, the Probation Officer also submitted a satisfactory report about the petitioner for the last two years period to the learned Judicial Magistrate No.III, Madurai on 31.07.2016. With this background, it is stated that the petitioner was suspended from service with effect from 21.07.2011 to 18.07.2012. After revoking the suspension period, the respondents have not come forward to pay the subsistence allowance and the salary difference and the part of bonus for Deepavali for the years 2011 and 2012 and the increments are also not carried out till date. Therefore, he has given a detailed representation to consider and pass appropriate orders. But till date, the respondents have not come forward to take up the representation.

6. The learned Additional Government Pleader would submit that the respondents sought four weeks time to consider the pending representation on merits and in accordance with law.

7. Recording the same, the second respondent is directed to consider the representation on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Regional Manager/Deputy Collector, Tamil Nadu Civil Supplies Corporation, Madurai-20. 2.The Deputy Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai. +One cc to Mr.R.Ramasamy, Advocate, SR.No.64521 +One cc to Mr.D.Mayarajan, Advocate, SR.No.64057 Mrn/RR RL/5C/2P/SKN/RSK/SAR2/20/7/2017 W.P(MD)No.12627 of 2017 07/07/2017 https://hcservices.ecourts.gov.in/hcservices/