Madras High CourtWP(MD)/28839/2022disposed of

Pushparaj v. The Commissioner

2023-01-05Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Pushparaj ... Petitioner Vs.

1.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Sydapet, Chennai - 15.

2.The Accountant and General, Accounts and Entitlement Tamilnadu, 361, Anna salai, Chennai - 78.

3.The District Collector, Kanyakumari District, Nagercoil.

4.The Personal Assistant (Development) To the District Collector, Kanyakumari District, Nagercoil.

... Respondents 1/5

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to implement the order made by the fourth respondent in his proceedings in En.E1/28959/2013 dated 27.04.2015 within a stipulated time to be fixed by this Court.

For Petitioner : Mr.S.R.Anbarasu For R1, R3 and R4 : Mrs.K.Christy Theboral, Additional Government Pleader For R-2 : Mr.P.Gunasekaran

O R D E R

This writ petition has been filed for a direction to the respondents to implement the order passed by the fourth respondent in his proceedings in En.E1/28959/2013, dated 27.04.2015, within a stipulated time.

2. The case of the petitioner is that he is a retired Block Development Officer. The petitioner and twenty four others filed a batch of writ petitions before this Court seeking for increment of salary in W.P(MD)No.3972 of 2013 etc., batch, wherein this Court vide order 2/5

dated 30.08.2013, awarded increment and directed the authorities to implement the same, within eight weeks. Subsequently, after two years, the fourth respondent has also passed orders for increment in favour of the petitioner. However, till date the order passed by the fourth respondent is not implemented. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to implement the order passed by the fourth respondent, dated 27.04.2015, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents 1, 3 and 4, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, 3/5

directs the third respondent to implement the order passed by the fourth respondent dated 27.04.2015, within a period of six weeks from the date of receipt of a copy of this order, if there is no legal impediment.

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

05.01.2023 pm NCC:Yes/No Index:Yes/No To 1.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Sydapet, Chennai - 15.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The Personal Assistant (Development) To the District Collector, Kanyakumari District, Nagercoil.

4/5

M.DHANDAPANI,J.

pm 05.01.2023 5/5