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Madras High CourtWP(MD)/15909/2019disposed of

C.Kandasamy v. The Secretary To Government Of Tamilnadu

2019-07-18Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15909 of 2019 C.Kandasamy

...Petitioner

Vs.

1.The Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Chapauk, Chennai - 600 005.

3.The District Collector, Madurai District, Madurai.

4.The Tahsildar, Peraiyur Taluk, Taluk Office, Peraiyur.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Secretary, Revenue Department, Chennai-9, the first respondent herein to consider the claim of the petitioner to set right the pay anomaly and fix his pay in the post of Revenue Assistant based on the pay received by the petitioner in the post of village Administrative Officer by giving weightage for the said pay if necessary by relaxing the rules in favour of the petitioner for such fixation by considering the representation of the petitioner dated 24.07.2016 in the light of the recommendation made by the Tahsildar, Peraiyur, the fourth respondent herein made in Na.Ka.No.179/2016/PA3, dated 28.07.2016.

For Petitioner :Mr.R.Govindaraj For Respondents :Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed to direct the first respondent to consider the claim of the petitioner to set right the pay anomaly and fix his pay in the post of Revenue Assistant. 2.The learned counsel appearing for the petitioner would submit that with reference to the prayer, the petitioner made a representation on 24.07.2016 to the respondents. Pursuant to the same, the fourth respondent/Tahsidar, Peraiyur, has sent a proposal to the first respondent/Secretary to the Government of Tamilnadu on 28.07.2016. Further, the learned counsel for the petitioner would submit that the said proposal dated 28.07.2016 is pending and no order has been passed till date. Hence, the petitioner is before this Court for the relief as stated above. 3.In reply, the learned Additional Government Pleader appearing for the respondents would submit that the said proposal dated 28.07.2016 would be considered as expeditiously as possible on merits and in accordance with law.

4.In the light of the above said submissions made by the learned Additional Government Pleader, without expressing any opinion on the merits of the case, this Court directs the first respondent to consider the said proposal dated 28.07.2016 and take a decision one way or other in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.E) // True Copy // Sub Assistant Registrar(CS ) mm To 1.The Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Chapauk, Chennai - 600 005.

3.The District Collector, Madurai District, Madurai.

4.The Tahsildar, Peraiyur Taluk, Taluk Office, Peraiyur.

+1 CC to SPL GP SR-76320.

+1 CC to Mr.R.GOVINDARAJ, Advocate SR-76058.

W.P.(MD) No.15909 of 2019 18.07.2019 CS(26.07.2019) 3P 7C