R.Raja, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.9096 of 2011 and M.P.(MD) No.1 of 2011 R.Raja ... Petitioner Vs.

The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the respondent in Ref.No.VMN 4(MN2)/03967/2011 dated 08.07.2011 and quash the same as illegal and consequentially direct the respondent to refix the petitioner scale of pay from 2000 on par with similarly placed Record Clerk and on such basis to pay the arrears in the subsistence allowance within a period that may be stipulated by this Court.

For Petitioner : Mr.M.Ajmal Khan Senior Counsel for Mr.C.Venkatesh Kumar For Respondent : Mr.R.Murali

O R D E R

The order of rejection dated 08.07.2011 passed by the respondent is sought to be quashed in this writ petition and a direction is prayed for to refix the scale of pay of the petitioner on par with similarly placed Record Clerks.

2.The learned counsel appearing on behalf of the writ petitioner states that on account of the pendency of the disciplinary proceedings, the scale of pay of the writ petitioner had not been refixed.

3.The learned counsel appearing on behalf of the respondent brought to the notice of this Court that the disciplinary proceedings initiated against the writ petitioner was concluded and punishment was imposed and thereafter, taking note of the developments, the competent authority has refixed the scale of pay of the writ petitioner, as applicable, under the rules in force. https://hcservices.ecourts.gov.in/hcservices/

May that it be, if the benefit of re-fixation has not been granted so far, then the respondent is bound to verify and consider the case of the writ petitioner for re-fixation of pay in accordance with the rules in force.

4.With these above observations, the writ petition stands closed.

However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.

+ 1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 44108 + 1 CC TO Mr.R.MURALI, ADVOCATE IN SR No. 44059 MM TE/SKN-RSK/SAR-1 : 16/02/2018 : 2P/4C W.P.(MD) No.9096 of 2011 and M.P.(MD) No.1 of 2011 24.01.2018 https://hcservices.ecourts.gov.in/hcservices/