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Madras High CourtWP(MD)/663/2017disposed of

M. Annasamy v. The State Of Tamil Nadu,

2017-01-12Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.663 of 2017 M.Annasamy ... Petitioner -vs1.

THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2.

THE COMMISSIONER, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, PANAGAL BUILDING, SAIDAPET, CHENNAI - 600 015.

3.

THE DISTRICT COLLECTOR THANJAVUR DISTRICT, THANJAVUR.

4.

THE ASSISTANT DIRECTOR OF PANCHAYATS, COLLECTORATE CAMPUS, THANJAVUR DISTRICT, THANJAVUR.

5.

THE BLOCK DEVELOPMENT OFFICER VILLAGE PANCHAYATS, PAPANASAM PANCHAYAT UNION, PAPANASAM, KUMBAKONAM TALUK, THANJAVUR DISTRICT.

6.

THE COMMISSIONER PAPANASAM PANCHAYAT UNION, PAPANASAM, KUMBAKONAM TALUK,\ THANJAVUR DISTRICT.

7.

THE SECRETARY MANALLUR PANCHAYAT, PAPANASAM PANCHAYAT UNION, KUMBAKONAM TALUK, THANJAVUR DT.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing

the 5th respondent herein to consider and pass appropriate orders on the representation of the petitioner dated 22.8.2016 sent for the purpose of disbursement of entire arrears of increased pay to the petitioner from 1.1.1996 to 18.7.2005.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.K.P.Krishna Doss Govt. Advocate *****

O R D E R

This petition has been filed, seeking to direct the 5th respondent herein to consider and pass appropriate orders on the representation of the petitioner dated 22.8.2016 sent for the purpose of disbursement of entire arrears of increased pay to the petitioner from 1.1.1996 to 18.7.2005.

2. The case of the petitioner is that he is entitled to the arrears of the increased pay, which has been admittedly disbursed to other co-Panchayat Assistants; that the petitioner submitted a representation dated 22.08.2016 for disbursement of the arrears and since no order has been passed on his representation, the petitioner is before this Court, seeking the direction stated supra.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, who would submit that the fifth respondent is prepared to consider the representation of the petitioner and to pass suitable orders on the same.

4. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the fifth respondent to consider the representation dated 22.08.2016, submitted by the petitioner and to pass appropriate orders thereon on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order, if there is no legal impediment to do so.

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

Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar

To:

1.

THE SECRETARY TO GOVERNMENT, STATE OF TAMIL NADU, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2.

THE COMMISSIONER, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, PANAGAL BUILDING, SAIDAPET, CHENNAI - 600 015.

3.

THE DISTRICT COLLECTOR THANJAVUR DISTRICT, THANJAVUR.

4.

THE ASSISTANT DIRECTOR OF PANCHAYATS, COLLECTORATE CAMPUS, THANJAVUR DISTRICT, THANJAVUR.

5.

THE BLOCK DEVELOPMENT OFFICER VILLAGE PANCHAYATS, PAPANASAM PANCHAYAT UNION, PAPANASAM, KUMBAKONAM TALUK, THANJAVUR DISTRICT.

6.

THE COMMISSIONER PAPANASAM PANCHAYAT UNION, PAPANASAM, KUMBAKONAM TALUK,\ THANJAVUR DISTRICT.

7.

THE SECRETARY MANALLUR PANCHAYAT, PAPANASAM PANCHAYAT UNION, KUMBAKONAM TALUK, THANJAVUR DT.

+1 cc to MR.A.Saravanan, ADVOCATE, SR NO:2407 +1 CC to M/S.SPL.GOVT.PLEADER, SR NO:2819 W.P.(MD) No.663 of 2017 12.01.2017 ar MKV-RSK-SAR 2/22.2.2017/3P-10C