K.Sailappan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY K.Sailappan ... Petitioner Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai -600 009.

2.The Director of Town Panchayat, Kuralagam, Chennai -600 018.

3.The Assistant Director of Town Panchayat, Sivagangai Region, Sivagangai -630 561.

4.The Executive Officer, Kariapatti Town Panchayat, Kariapatti -626 106, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to regularise the service of the petitioner from the date on which he completed three years of service on consolidated pay i.e., 01.06.1988 and revise his pension and pay all arrears and differential amount in one lump sum thereon, within the time stipulated by this Court.

For Petitioner : Mr.S.Balamurugan For R1 to R3 : Mr.K.P.Narayanakumar Special Government Pleader For R4 : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the respondents to regularise the service of the petitioner from 01.06.1988 and to revise his pension and pay all arrears and difference amount, within a time stipulated by this Court.

2. By consent, the writ petition itself is taken up for final disposal.

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3. The learned counsel appearing for the petitioner submitted that the petitioner has given two representations dated 05.07.2019 and 02.12.2020 respectively, to the respondents, requesting them to regularise the service of the petitioner from the date on which he completed three years of service on consolidated pay i.e., 01.06.1988 and to revise his pension and pay all arrears and difference amount in one lump sum thereon. However, the said representations have not been considered so far. Hence, the petitioner has approached this Court by filing this writ petition.

4. Mr.K.P.Narayanakumar, learned Special Government Pleader takes notice for the respondents 1 to 3. Mr.N.Shanmugaselvam, learned Additional Government Pleader takes notice for the fourth respondent and submitted that the representations of the petitioner, dated 05.07.2019 and 02.12.2020, will be considered on merits and in accordance with law.

5. Considering the above said submissions, this Court directs the respondents to consider the representations of the petitioner, dated 05.07.2019 and 02.12.2020, on merits and in accordance with law and to revise his pension and pay all arrears and difference amount in one lump sum, within a period of twelve weeks from the date of receipt of a copy of this order, if he is eligible.

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

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai -600 009.

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2.The Director of Town Panchayat, Kuralagam, Chennai -600 018.

3.The Assistant Director of Town Panchayat, Sivagangai Region, Sivagangai -630 561.

+1 cc to Mr.S.Balamurugan , Advocate SR.No.26917 22.12.2020 KM (18.01.2021) 3P 5C 3/3