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Madras High CourtWP(MD)/25218/2018disposed of

R.Eswaramoorthy, v. The Superintendent Of Police

2019-04-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P.(MD)No.25218 of 2018 R.Eswaramoorthy .. Petitioner Vs.

The Superintendent of Police, District Superintendent of Police Office, Madurai District, Madurai.

.. Respondent PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondent to disburse the monetary benefits from 26/06/2013 to 15/09/2017 as per the order of the Writ Petition in WP(MD)No.7408 of 2017 and to direct the respondent to consider the petitioner's representation dated 20/10/2018 within a time frame to be stipulated by this Court.

For Petitioner : M/s.I.Joshua For Respondent : Mrs.J.Padmavathy Devi Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondent to disburse the monetary benefits from 26.06.2013 to 15.09.2017 as per the order passed by this Court in WP(MD) No.7408 of 2017, on the basis of the petitioner's representation dated 20.10.2018.

2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent. 3.The case of the petitioner is that based on a criminal complaint lodged against him, he was imposed with a punishment of 'compulsory retirement' and the same was also confirmed by the appellate authority. Challenging the same, the petitioner filed WP(MD)No.7408 of 2017 on the file of this Court and the same was allowed, directing the respondents therein to reinstate the petitioner in service with effect from the date of punishment by the disciplinary authority and to confer him all monetary and other benefits in accordance with law.

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4.The grievance of the petitioner is that though he was reinstated into service in compliance with the order passed by this Court, he was not paid with all monetary benefits. Seeking such benefit, he made a representation dated 20.10.2018 to the respondent. Since the same has not been considered so far, this writ petition has been filed.

5.The learned Special Government Pleader for the respondent, on instructions, submitted that the representation of the petitioner would be considered on merits and appropriate orders be passed.

6.In view of the above submission, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner dated 20.10.2018 in terms of the order passed in WP(MD)No.7408 of 2017 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

7.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) To The Superintendent of Police, District Superintendent of Police Office, Madurai District, Madurai.

+1 CC to Mrs.T.Amjadkhan, Advocate ( SR-63946[F] dated 29/04/2019 ) +1 CC to M/s.SPL GP ( SR-63384[F] dated 27/04/2019 ) mj W.P.[MD].No.25218 of 2018 26.04.2019 KM/(22.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/