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Madras High CourtWP(MD)/698/2017disposed of

M. Pitchaimani v. The Secretary To Government

2017-01-12Honourable Mr Justice S. Vaidyanathan2 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.698 of 2017 M.Pitchaimani ... Petitioner -vs1.

The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.

The District Collector, Virudhunagar District, Virudhunagar.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondents, i.e., the secretary to Government, Revenue Department Chennai and the District Collector, Virudhunagar to pass appropriate orders on the petitioner's representation dated 17.9.2016 regarding sanction of routine annual increments from 1.1.2000 to 31.8.2007 and fixation of selection grade in the cadre of Assistant as on 6.4.2000 and refixation of pension within a specified time frame that may be fixed by the Hon'ble Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Rajarajan Govt. Advocate *****

O R D E R

This petition has been filed, seeking to direct the 1st and 2nd respondents to pass appropriate orders on the petitioner's representation dated 17.09.2016 regarding sanction of routine annual increments from 01.01.2000 to 31.08.2007 and fixation of selection grade in the cadre of Assistant as on 6.4.2000 and refixation of pension within a specified time. https://hcservices.ecourts.gov.in/hcservices/

2. The case of the petitioner is that the applicable annual increment for the period from 01.01.2000 to 31.08.2007 was not

sanctioned to the petitioner; that even after completion of 10 years of service in the cadre of Assistant on 06.04.2000, Selection Grade was not given to him; that the petitioner sent a representation to the respondents on 17.09.2016, narrating all these factual aspects, which did not evoke any response from them and therefore, 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 respondents are 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 concerned respondent to consider the representation dated 17.09.2016, 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. It is open to the respondents to consider the delay aspect, while disposing of the representation.

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

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

1.

The Secretary to Government,Revenue Department, Secretariat, Chennai-600 009.

2.

The District Collector,Virudhunagar District, Virudhunagar.

+1CC to Mr.S.Visvalingam, Advocate Sr.No.2568 +1CC to Spl.Government Pleader Sr.No.2798 GJM/CM/MSA-21.2.17-2p-5C W.P.(MD) No.698 of 2017 12.01.2017 https://hcservices.ecourts.gov.in/hcservices/