Madras High CourtWP(MD)/15092/2017disposed of

Marimuthu v. Union Government Of India

2019-04-10Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.15092 of 2017 Marimuthu ... Petitioner Vs.

1.Union Government of India, Represented by its Secretary, Ministry of Defence, South Block, New Delhi - 110 011.

2.The Secretary, Border Roads Development Board, Ministry of Defence, Border Roads Wing, "B" Wing, 4th Floor, Sena Bhawan, New Delhi - 110 011.

3.The Director General Border Roads, Seema Sadak Bhawan, Ring Road, Delhi Cant, New Delhi - 110 010.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd respondent to set aside the below Benchmark grading endorsed in the petitioner's ACR and ICR for the period from 01.04.2003 to 25.12.2004 and consider the claim of the petitioner and pass orders based upon petitioner's representation dated 22.04.2015. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.K.Ashok Kumar

ORDER

This writ petition has been filed seeking to direct the 3rd respondent to set aside the below Benchmark grading endorsed in the petitioner's ACR and ICR for the period from 01.04.2003 to 25.12.2004 and consider the claim of the petitioner and pass orders based upon the petitioner's representation dated 22.04.2015. 2.After arguing for some time, the learned Counsel for the petitioner confined the prayer to the extent of seeking a direction to the respondents to consider the petitioner's representation. https://hcservices.ecourts.gov.in/hcservices/

3.The prayer now sought by the learned Counsel for the petitioner is agreed by the learned Counsel appearing for the respondents.

4.In view of the above submissions made by the learned Counsel on either side, without going into the merits of the case, the third respondent is directed to consider the petitioner's representation dated 22.04.2015, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AE) / True Copy / Sub Assistant Registrar(CS) dsk To 1.The Secretary, Ministry of Defence, South Block, New Delhi - 110 011.

2.The Secretary, Border Roads Development Board, Ministry of Defence, Border Roads Wing, "B" Wing, 4th Floor, Sena Bhawan, New Delhi - 110 011.

3.The Director General Border Roads, Seema Sadak Bhawan, Ring Road, Delhi Cant, New Delhi - 110 010.

+1 CC to Mr.K.ASOK KUMAR RAM,Advocate(SR-60149[F] dated 10/04/2019 ) +1 CC to M/s.K.K.KANNAN, Advocate ( SR-60624[F] dated 12/04/2019 ) WP(MD)No.15092 of 2017 10.04.2019 ES/KK/02.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/