Madras High Court
S.Sreedharan vs The Assistant Director on 7 June, 2021
W.A.(MD)No.1083 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1083 of 2021
S.Sreedharan : Appellant
Vs.
1.The Assistant Director,
Department of Animal Husbandry,
Nagercoil,
Kanyakumari District.
2.The District Treasury Officer,
District Treasury,
Nagercoil,
Kanyakumari District.
3.The Principal Accountant General,
Anna Salai,
Chennai. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 18.07.2019, in W.P.(MD)No.16049 of
2015 on the file of this Court and allow the writ appeal.
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W.A.(MD)No.1083 of 2021
For Appellant : Mr.R.Aravindan
For Respondent Nos.1 & 2 : Mr.R.Baskaran
Standing Counsel for Government
For Respondent No.3 : Mr.P.Gunasekaran
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.R.Aravindan, learned Counsel appearing for
the appellant, Mr.R.Baskaran, learned Standing Counsel for the
Government appearing for the respondents 1 and 2 and
Mr.P.Gunasekaran, learned Counsel appearing for the third respondent.
2.This Writ Appeal is directed against the order, dated
18.07.2019 in W.P(MD)No.16049 of 2015.
3.The appellant filed the said Writ Petition praying for issuance
of a Writ of Mandamus, to direct the second respondent to re-fix his
pension on the basis of the pre-revised scale of pay (4th Tamil Nadu Pay
Commission) in terms of G.O(MS)No.363, (Finance PGC) Department,
dated 23.08.2013.
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W.A.(MD)No.1083 of 2021
4.Prior to the filing of the Writ Petition and soon after the
appellant's pension was re-fixed by an order dated 27.06.2014 of the
Principal Accountant General, by which the pension was revised as
Rs.2,282/- from original pension of Rs.1,285/-, the appellant sent a
representation followed by a legal notice, dated 21.01.2015. The
respondent/Department has sent a reply to the learned counsel for the
appellant on 04.02.2015, stating that the revision is in accordance with
G.O.Ms.No.363.
5.Therefore, if according to the appellant, the revision of
pension as made by the Office of the Principal Accountant General, dated
27.06.2014, is incorrect and the calculation given therein is not in
accordance with the Government Order, then the appellant has to place
the calculation which according to him will show his entitlement and if
the Department rejects the same, then the appellant has to challenge the
said order. Therefore, a Writ of Mandamus cannot be issued.
6.Accordingly, we dispose of this Writ Appeal by giving liberty to
the appellant to give a fresh representation along with the calculation
sheet setting out his claim. This representation shall be considered by the
respondents 2 and 3 and a speaking order be passed on merits and in
accordance with law within a period of four weeks from the date of
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W.A.(MD)No.1083 of 2021
receipt of the representation. The petitioner is directed to enclose a copy
of this Judgment along with the representation. No costs.
[T.S.S., J.] & [S.A.I., J.]
07.06.2021
Index : Yes / No
Internet : Yes / No
PS/MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
1.The Assistant Director,
Department of Animal Husbandry,
Nagercoil,
Kanyakumari District.
2.The District Treasury Officer,
District Treasury,
Nagercoil,
Kanyakumari District.
3.The Principal Accountant General,
Anna Salai,
Chennai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1083 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
PS/MR
JUDGMENT MADE IN
W.A.(MD)No.1083 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
