Madras High Court
A.Sultan Abdul Khader vs State Of Tamil Nadu Rep. By on 1 August, 2023
W.A.No.2840 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
AND
THE HON'BLE Mr. JUSTICE K.KUMARESH BABU
W.A.No.2840 of 2018
and
C.M.P.No.23705 of 2018
A.Sultan Abdul Khader ... Appellant
Vs.
1.State of Tamil Nadu rep. By
the Secretary to Govt.,
Finance Department,
Secretariat, Chennai – 9.
2.The District Collector,
Sivagangai District.
3.The Principal Accountant General
of Tamil Nadu,
Anna Salai, Chennai – 18. ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
to set aside the order dated 20.01.2011 in W.P.No.40882 of 2006
(O.A.No.2738 of 2000).
For Appellant : Mr.R.Singaravelan
Senior Counsel for Ms.M.Srividhya
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W.A.No.2840 of 2018
For Respondents : Mr.R.Kumaravel
Addl. Government Pleader for R1 & R2
: No appearance - for R3
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This appeal though has been directed against the order passed by
the Writ Court dated 20.01.2011 made in W.P.No.40882 of 2006, today
when the Writ Appeal is taken up for final hearing, Mr.R.Singaravelan,
learned Senior Counsel appearing for the appellant would contend that,
the learned Judge even though has dismissed the writ petition without
having gone into the merits of the issue in proper perspective, in order to
give a quietus to the present issue, at present since the appellant/
petitioner is a 85 years old, he seeks indulgence of this Court to give a
direction to the respondents to consider the plea raised by the appellant/
petitioner on 23.05.2012, where he sought for fixation of his pension
based on the revision of pay as per the V Pay Commission
Recommendation.
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W.A.No.2840 of 2018
2. We have heard Mr.R.Kumaravel, learned Additional
Government Pleader appearing for the respondents 1 and 2 who would
submit that, if at all the appellant/petitioner wants to confine with the
consideration of his representation dated 23.05.2012 because of long
years have gone from the date of the representation if the appellant/
petitioner come forward to make a fresh representation espousing his
grievance, certainly that would be considered and decided on merits by
the respondents within a time frame that may be stipulated.
3. Considering the said submissions made by the learned counsel
for both sides, we feel that this Writ Appeal can be disposed of with the
following orders:
(i) The merits of the order passed by the learned Judge
which is impugned herein has not been again gone into, in
view of the aforesaid stand taken by both sides. However,
since the appellant/petitioner espousing his cause has already
given a representation dated 23.05.2012 which has not been
considered so far and no orders to that effect has been
passed, we feel that the appellant/petitioner can be permitted
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W.A.No.2840 of 2018
to make his representation once again afresh because there
has been more than one decade between the date of
representation and today, therefore the appellant/ petitioner
can make a fresh representation with regard to his plea for
fixing the revised pension on the basis of the revised pay
scale based on V Pay Commission Recommendation which
was implemented by the State Government from 01.01.1998
and accordingly the same shall be considered and orders be
passed by the respondents in consonance with the relevant
Government Orders, especially G.O.Ms.No.174 Finance (Pay
Cell) Department, dated 21.04.1998. The needful as
indicated above shall be undertaken by the respondents on
receipt of such fresh representation from the
appellant/petitioner thereafter within a period of eight weeks.
(ii) It is made clear that, while making such
consideration, a fresh look shall be made on the issue raised
by the appellant/petitioner, where uninfluenced by the order
passed by the Writ Court dated 20.01.2011, the
representation to be submitted as indicated above by the
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W.A.No.2840 of 2018
appellant/petitioner shall be considered and orders shall be
passed thereon only on merits within the time frame as
indicated above.
4. With these directions, this Writ Appeal is disposed of. However,
there shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
(R.S.K., J.) (K.B., J.)
01.08.2023
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
Sgl
To
1.The Secretary to Govt.,
State of Tamil Nadu
Finance Department,
Secretariat, Chennai – 9.
2.The District Collector,
Sivagangai District.
3.The Principal Accountant General
of Tamil Nadu,
Anna Salai, Chennai – 18.
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W.A.No.2840 of 2018
R. SURESH KUMAR, J.
And
K.KUMARESH BABU, J.
Sgl
W.A.No.2840 of 2018
01.08.2023
https://www.mhc.tn.gov.in/judis
