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Madras High CourtWP(MD)/19604/2017disposed of

B.Subburaj, v. The Managing Director,

2019-03-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19604 of 2017 and W.M.P.(MD)No.15883 of 2017 B.Subburaj ... Petitioner vs.

1.The Managing Director, Corporate Officer, KTC Nagar,V.M.Chatram (P.O.), Palayamkottai,Tirunelveli District - 627 011. 2.The General Manager, Corporate Office,V.M.Chatram (P.O.), ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to step up the pay of the petitioner like those of other similarly placed persons and on par with his Juniors S.Kirubakaran S.Sasikumar and A.Arunachalam from 01.01.2006 in extending the 6th Pay Commission benefits by rectifying the Pay Anomaly in terms of the order of this Court in W.P.758/2012, dated 14.11.2014 and consequently to direct the respondents to revise the pension and other retirement Benefits.

For Petitioner : Mr.S.Govindan For Respondents : Mr.K.Sathyasingh Standing Counsel

ORDER

The Writ Petition is filed seeking a direction to the respondents to step up the pay of the petitioner like those of other similarly placed persons and on par with his Juniors from 01.01.2006 in extending the 6th Pay Commission benefits by rectifying the Pay Anomaly in terms of the order of this Court in W.P.758/2012, dated 14.11.2014 and consequently to direct the respondents to revise the pension and other retirement Benefits.

2.Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.

3.The case of the petitioner is that he was appointed as Technical Assistant Trainee on 20.07.1981 and retired on 30.06.2017 as Deputy Manager. According to the petitioner, while extending 6th Pay Commission benefits, there arose pay anomaly. Hence, the petitioner submitted a representation on 12.01.2012. Since no order is forthcoming, he filed a writ petition in W.P.758 of 2012 and this Court, by order dated 14.11.2014 disposed of the said writ petition, directing the respondents to step up the pay of the petitioner like those of other similarly placed persons. Thereafter, the petitioner submitted several detailed representations and finally on 08.08.2017 along with a copy of the order made in W.P.758 of 2012, dated 14.11.2014. Since the same have not been considered so far, the present Writ Petition has been filed by the petitioner. 4.

The learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner would be considered within a time frame as fixed by this Court. 5.Considering the nature of the relief as sought for by the petitioner, without going into the merits of the petitioner's case, the respondents are directed to consider the representation of the petitioner dated 08.08.2017 and pass appropriate orders on merits and in accordance with law and also in the light of the order passed by this Court in W.P.NO.758 of 2012, dated 14.11.2014, within a period of six weeks from the date of receipt of a copy of this order.

6.The Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Managing Director, Corporate Officer, KTC Nagar, V.M.Chatram (P.O.),

2.The General Manager, Corporate Office, V.M.Chatram (P.O.), +1 CC to M/s.S.GOVINDAN, Advocate in SR-55602 +1 CC to M/s.K.SATHIYA SINGH, Advocate in SR-56206 W.P(MD)No.19604 of 2017 21.03.2019 ssl PK/16.04.2019 : 2P/5C