Madras High CourtWP(MD)/25059/2018allowed

S.Balashanmugam, v. The District Collector

2019-03-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25059 of 2018 S.Balashanmugam ... Petitioner Vs 1.The District Collector/ District Magistrate, Madurai.

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

3.The Government of Tamil Nadu, rep., by its Secretary, Home Department, Chennai.

... Respondents (R3 is suo motu impleaded vide order dated 20.03.2019) PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to sanction and disburse the petitioner's fee for the period from June 2011 to August 2013 and from January 2016 to June 2017 within a time limit that may be fixed by this Court with suitable rate of interest.

For Petitioner : Mr.A.Rahul For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner served as a Special Public Prosecutor in the PCR Court from June 2011 to 2017. The petitioner will have to be paid a further sum of Rs.3,38,000/- as his remuneration. The petitioner's entitlement to the said amount is not disputed. The stand of the respondents is that fund is yet to be allotted by the Government.

3. I am unable to appreciate such a stand. The Secretary to Government, Home Department, Government of Tamil Nadu, Chennai is suo motu impleaded as the third respondent. Mr.M.Karuppasamy, learned Government Advocate is directed to take notice for the impleaded respondent.

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4. The respondents are directed to settle the petitioner's remuneration within a period of four months from the date of receipt of a copy of this order.

5. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CS-I) / True Copy / Sub Assistant Registrar(CS) To 1.The District Collector/ District Magistrate, Madurai.

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

3.The Secretary, Government of Tamil Nadu, Home Department, Chennai.

+1 CC to M/s.SPL GP ( SR-57148[F] dated 27/03/2019 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-55778[F] dated 21/03/2019 ) W.P.(MD)No.25059 of 2018 20.03.2019 rmk ES/DS/15.04.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/