M.Immanual Gnanasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024

CORAM

THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P(MD)No.17104 of 2020 M.Immanual Gnanasekaran ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Additional Divisional Excise Officer, O/o. Additional Divisional Excise Officer, Madurai North, Madurai .

3.The Thasildar (Civil Supplies), Madurai North Taluk, Madurai District.

4.The Thasildar, Perayur Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the 1st respondent to take further action in pursuant to his memorandum dated 03.07.2020 and thereby declare the petitioner's service probation and consequently to disburse all the increment as well as arrears of salary as per G.O.Ms.No.531, Revenue [Office 8(1)] Department dated 23.12.2013.

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For Petitioner :

Mr.P.R.Prithviraj For Respondents :

Mr.Na.Ga.Nataraj, Govt. Advocate.

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, directing the first respondent to declare the probation of the petitioner and consequently to disburse all the increments as well as arrears of salary as per G.O.Ms.No.531, Revenue [Office 8(1)] Department dated 23.12.2013.

2. When the matter is taken up for final disposal, it is brought to the notice of this Court by the learned Government Advocate that the grievance of the petitioner was already redressed as early as in the year 2021 and his probation was already declared and his pay has also been fixed in terms of G.O.Ms.No.531, Revenue [Office 8(1)] Department dated 23.12.2013, duly fixing the pay of the petitioner including the increments from the year 2007 onwards. A copy of the said proceedings in Na.Ka.No.28224/2020, dated 11.11.2021 is also placed before this Court by duly serving a copy on the learned counsel for the petitioner. The learned counsel for the petitioner has 2/4

also not seriously disputed, however expressed a doubt that the entire arrears of payment was in fact paid to the petitioner.

3. In view of the proceedings dated 11.11.2021, in the considered view of this Court, the cause in the Writ petition does not survive and accordingly, this Writ Petition is closed. However, it is made clear that in case if the amount that are payable to the petitioner under proceedings dated 11.11.2021 are not released to the petitioner for any reason, it is open to the petitioner to make appropriate representation before the respondents and in case, if any such representation is made, the respondents shall consider the same and pass appropriate orders thereon within a period of eight weeks from the date of submission of such representation. There shall be no order as to costs.

19.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes /No vsm 3/4

MUMMINENI SUDHEER KUMAR, J.

vsm To 1.The District Collector, Madurai District, Madurai.

2.The Additional Divisional Excise Officer, O/o. Additional Divisional Excise Officer, Madurai North, Madurai .

3.The Thasildar (Civil Supplies), Madurai North Taluk, Madurai District.

4.The Thasildar, Perayur Taluk, Madurai District.

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