Madras High CourtWP(MD)/2765/2016disposed of

N.Varadharajan, v. The Assistant Executive

2016-02-09Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.2765 of 2016 N.Varadarajan ... Petitioner Vs.

The Assistant Executive Engineer, River Conservancy, Sub Division, Musiri, Trichy District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to entertain the petitioners representation dated 20.09.2012 requesting the respondent to revise the scale of pay and to pay revised pension and benefits to the petitioner within the time limit fixed by this Court.

For Petitioner : Mr.PT.S.Narendra Vasan For Respondent : Mr.R.Anand Raj Government Advocate.

ORDER

The prayer in the writ petition is to direct the respondent to entertain the representation of the petitioner, dated 20.09.2012 requesting the respondent to revise the scale of pay and to pay revised pension and benefits to the petitioner. 2.Heard the learned counsel for the petitioner. Mr.R.Anand Raj, learned Government Advocate, takes notice for the respondent. 3.According to the petitioner, the petitioner has made representation as early as on 20.09.2012 requesting the respondent to fix pay scale based on the Government letter No.63305/Pay Cell/2010-1, dated 08.11.2010. The said letter was considered by the Assistant Executive Engineer, River Conservancy, Sub Division, Trichy District and returned the same to the petitioner stating that the writ petition in W.P(MD)No.11860 of 2012 filed by the petitioner is pending and the petitioner's request will be considered only after the disposal of the said writ petition. It is submitted by the petitioner that the subject matter in the earlier writ petition is different from the relief sought for in the representation dated 20.09.2012.

4.In view of the above, it is open to the petitioner to make a fresh representation before the authorities concerned requesting them to consider his claim within a period of two weeks. On https://hcservices.ecourts.gov.in/hcservices/

receipt of such representation, the authorities shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

sms To The Assistant Executive Engineer, River Conservancy, Sub Division, Musiri, Trichy District.

+1 cc to Mr.PT.S.Narendra, Advocate, SR No.7623 +1 cc to Special Government Pleader, SR No.7917 Writ Petition (MD) No.2765 of 2016 09.02.2016 RG.SK-SKN/SAR-I 12.02.2016 2P:4C https://hcservices.ecourts.gov.in/hcservices/