Madras High CourtWP(MD)/18323/2017disposed of

A.Sivaramachandran, v. The District Collector/ The

2019-04-05Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.18323 of 2017 A. Sivaramachandran ... Petitioner -Vs1.The District Collector, The Inspector of Village Panchayat, Madurai District @ Madurai.

2.The Block Development Officer (Village Panchayat), Alanganallur, Madurai District.

3.The President, Melachinnnampatti village Panchayat, Madurai District.

4.The President, Devaseri Village Panchayat, Madurai District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to take appropriate action to disburse the 75% of arrears of revised salary of Rs.61,555/- (Rupees Sixty one Thousand Five Hundred and Fifty Five only) and my gratuity amount of Rs.60,000/- (Rupees Sixty Thousand only) and full salary for the period in which he was under suspension from 19.05.2012 to 31.05.2017 by considering the order passed by the second respondent, dated 31.05.2017 and his representation dated 23.08.2017 within the period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu For R1 : Mr.C.M.Mari Chellaiah Prabhu Additional Government Pleader For R2 : Mr.R.Velmurugan

O R D E R

This Writ Petition has been filed seeking to direct the respondents to take appropriate action to disburse the 75% of arrears of revised salary of Rs.61,555/- and his gratuity amount of Rs.60,000/- and full salary for the period in which he was under suspension from 19.05.2012 to 31.05.2017 by considering the order passed by the second respondent, dated 31.05.2017 and his representation dated 23.08.2017.

2. The grievance of the petitioner is that though the petitioner's suspension was revoked by the first respondent and subsequently, the 2nd respondent passed an order dated 31.05.2017, to disburse the 75% of arrears of revised salary and his gratuity amount and full salary for the period in which he was under suspension from 19.05.2012 to 31.05.2017, the respondents have not passed any order. So, the petitioner has sent a representation dated 23.08.2017 and the same is pending. Hence, this Writ Petition.

3. The learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent submitted that the representation of the petitioner, dated 23.08.2017, would be considered on merits, within the time stipulated by this Court.

4. In view of the above, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 23.08.2017, on merits and in accordance with law and pass necessary orders, within a period of four weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) To:

1.The District Collector, The Inspector of Village Panchayat, Madurai District @ Madurai.

2.The Block Development Officer (Village Panchayat), Alanganallur, Madurai District.

3.The President, Melachinnnampatti village Panchayat, Madurai District.

4.The President, Devaseri Village Panchayat, Madurai District.

+1 CC to M/s.SPL GP ( SR-59546[F] dated 08/04/2019 ) +1 CC to M/s.N.SATHISH BABU, Advocate (SR-59925[F] dated 09/04/2019) W.P(MD) No.18323 of 2017 05.04.2019 ES/06.05.2019/3P/7C