Arockiasamy.S v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Arockiasamy ... Petitioner Vs.
1.The Secretary to Government, Revenue and Didaster Management Department, Secretariat, Chennai-600 009.
2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Sivagangai District, Sivagangai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Revenue and Disaster Management, Chennai to pass appropriate orders on the petitioner's representation, dated 29.07.2023 allowing him to get the last pay in the cadre of Tahsildar as Rs.7900/- from 01.10.2001 which he was already getting without any change, within a specified time frame that may be fixed by this Court. 1/5
For Petitioner : Mr.S.Visvalingam For Respondents : Mr.D.S.Neduncheliyan Government Advocate
ORDER
The present writ petition has been filed seeking direction to the first respondent i.e., the Secretary to Government, Revenue and Disaster Management, Chennai to pass appropriate orders on the petitioner's representation, dated 29.07.2023 allowing him to get the last pay in the cadre of Tahsildar as Rs.7900/- from 01.10.2001 which he was already getting without any change, within a specified time frame that may be fixed by this Court.
2. The petitioner was lastly serving as Excise Supervise Officer under the control of Assistant Commissioner of Excise, Sivagangai and he was allowed to retire on 31.10.2001 on attaining the age of superannuation. Originally, the petitioner's name was included in the approved list of Tahsildar during the year 2000. However, on the basis of the representation made by the petitioner vide G.O.(2D).No.247 Revenue and Disaster Management Department, dated 11.11.2022, the petitioner's name was included in the approved list of Tahsildar for the year 1996 as Serial No.1 vide proceedings, dated 10.06.2020 of the 2/5
District Collector, Sivagangai. The petitioner's pay was refixed in the cadre of Tahsildar in the year 1996 on par with his junior one M.Rajaram as Rs.7500/- as on 01.01.2001 as per G.O.(2D).No.247 Revenue and Disaster Management Department, dated 11.11.2022.
3. The petitioner was lastly getting a basic pay of Rs.7,900/- at the time of retirement and hence, the said refixation is absolutely incorrect as per the original list of Tahsildar. Even after inclusion of the petitioner's name in the year 1996, the revised pay in the cadre of Tahsildar has been refixed as Rs.7,500/-. Hence, there is no purpose in refixing his name in the cadre of Tahsildar as early as in the year 1996 itself. Therefore, the petitioner submitted a representation to the respondents on 29.07.2023 requesting that his pay in the cadre of Tahsildar may be continued as Rs.7,900/- which he was originally receiving when his name was originally included in the cadre of Tahsildar in the year 2000 from 01.10.2001. However, the said representation was not considered so far by the respondents.
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4. Hence, without going into the merits of the case, this Court hereby direct the respondents to pass appropriate orders in accordance with law considering the petitioner's representation, dated 29.07.2023 within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition stands disposed of. No costs. 20.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Secretary to Government, Revenue and Didaster Management Department, Secretariat, Chennai-600 009.
2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Sivagangai District, Sivagangai.
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L.VICTORIA GOWRI, J.
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