1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.882 of 2011 M.Muthu Varisai Ahamed ... Appellant Vs. 1.The Secretary to Government, (Health Department), St.George Fort, Chennai-9. 2.The Director of Public Health and Preventive Medicine Public Health Department, Mount Road, Chennai. ... Respondents Prayer: Appeal filed under Clause 15 of Letters Patent Act, against the order dated 19.04.2011 passed by this Court in W.P. (MD)No.4480 of 2011. Petition filed under Article 226 of the Constitution of India praying for the Issuance of a Writ of Mandamus to direct the second respondent to refix the Petitioner scale of pay at Rs.8,100/- instead of Rs.7,900/- w.e.f. 1.1.2001 on par with the Petitioner junior's scale of pay by considering the Petitioner representation dated 1.10.2010 within the stipulate4d period. For Appellant : Mr.M.Ajmal Khan JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) The Writ appeal is directed against the order of the learned Single Judge in W.P.(MD)No.4480 of 2011 dated 19.04.2011, in and by which, the learned Single Judge has dismissed the Writ petition filed by the appellant for a direction against the 2nd respondent to re-fix the appellant's scale of pay on par with the junior on the ground of laches. https://hcservices.ecourts.gov.in/hcservices/ 2 2.It is seen that even at the time when the Writ petition was dismissed, the claim of the appellant along with one Subramanian had been under consideration and ultimately, the appellant’s claim was deferred by the order of the 2nd respondent dated 07.09.2010. It is also brought to the notice of this Court that the 2nd respondent in his subsequent proceedings dated 11.08.2011 has clearly stated that while the proposal in respect of the said Subramanian is pending with the Government and the result of the Government is awaited, the case of the appellant is also considered by way of re-examination at request and the proposal in this regard is being forwarded. 3.In such view of the matter, while setting aside the order of the learned Single Judge, the Writ Appeal stands disposed of permitting the respondents to proceed further consequent to the proceedings dated 11.08.2011 and pass appropriate orders on merits and accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. 4.This order is passed against the respondents to consider the proposal without expressing any opinion on merits. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, (Health Department), St.George Fort, Chennai-9. 2.The Director of Public Health and Preventive Medicine Public Health Department, Mount Road, Chennai +One Cc to M/s.M.Ajmalkhan, Advocate, SR.No.31424 +One CC to The Spl Govt Pleader, SR.No.31457 nbj rl/5 c- 3.10.2011 W.A.(MD)No.882 of 2011 13.09.2011 https://hcservices.ecourts.gov.in/hcservices/