1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14589 of 2011 C.Prakasam ... Petitioner Vs 1. The Secretary to Government, Public (Special-B) Department, Fort St.George, Chennai-600 009. 2. The Principal Accountant General, Office of the Accountant General, 361, Anna Salai, Teynampet, Chennai-600 018. 3. The Resident Audit Officer, Resident Audit Office, 224, South Veli Street, Madurai-1. 4. The Pay and Accounts Officer, Teasuries and Accounts Department, Madurai-625 001. ... Respondents Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 2 to 4 herein to implement the order passed by the first respondent herein in G.O.Rt.No.2632, Public (Special.A) Department, dated 26.07.2011 forthwith. For Petitioner : Mr.K.Hemakarthikeyan For Respondents : Mr.B.Pugalendhi Special Government Pleader for R.1, R.3 and R.4 : Mr.P.Gunasekaran for R.2 *** O R D E R This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for a Writ of Mandamus to directing the respondents 2 to 4 herein to implement the order passed by the first respondent herein in G.O.Rt.No.2632, Public (Special.A) Department, dated 26.07.2011 forthwith. 2. Heard Mr.K.Hemakarthikeyan, learned Counsel for the petitioner, Mr.B.Pugalendhi, learned Special Government Pleader, who takes notice for https://hcservices.ecourts.gov.in/hcservices/ 2 the respondents 1, 3 and 4 and Mr.P.Gunasekaran, learned Counsel who takes notice for the second respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner, C.Prakasam, has come to this Court seeking issuance of writ of mandamus to direct the respondents 2 to 4 to implement the order passed by the first respondent herein in G.O.Rt.No.2632 Public (Special.A) Department, dated 26.07.2011 forthwith and to pass appropriate orders. 5. It is not in dispute that the petitioner who was serving as District Revenue Officer in Kallar Reclamation, Madurai, claiming to be senior to Sri.N.Baskaran on the ground that he was promoted as Deputy Collector on 24.03.2001 and further promoted to the place of District Revenue Officer on 01.03.2007, this is much prior to the date of promotion to his junior Shri.N.Baskaran, who was promoted to the post of Deputy Collector on 20.03.2001 and District Revenue Officer on 19.02.2007, has filed a Writ Petition in W.P(MD)No.4459 of 2011 for a Writ of Mandamus to check up his pay at Rs.29,290/- as per Rule 5(3) of the Tamil Nadu Revised Scales of Pay Rules 2009 with effect from 01.03.2007 till 30.09.2007 and also to pay the differentiate arrears. The said prayer was allowed by the High Court. 6. In the light of the order passed by this Court, the first respondent has, also accepting the genuine grievances of the petitioner, issued an order in G.O.Rt.No.2632, Public (Special.A) Department, dated 26.07.2011, issuing a direction that the pay of the petitioner be stepped up at Rs.22,320/- + G.P 7,600/- with effect from 01.03.2007 on par with his junior Mr.N.Baskaran. When the said G.O was issued clearly mentioning that the concurrence of Finance (PC) Department has been obtained in its U.O.No.12560/Pc/2011-1, dated 03.03.2011 and U.O.No.32914/PC/2011-1, dated 25.07.2011, the petitioner once again sent his representation to the second respondent, namely, the Principal Accountant General, Chennai, on 01.08.2011, with a request to pay the arrears of re-employment pay and other allowances in the revised scale of pay of Rs.29,920/- for the period from 08.04.2010, as he worked as Special District Officer in the office of the Special District Revenue Department at Virudhunagar. Thereafter, the second respondent also has sent a letter to the fourth respondent informing that his pay for the period from 27.09.2007 is being issued separately by the first respondent office and further pay and allowance for the period from 04.05.2007 to 30.09.2007 may be regulated by the fourth respondent. 7. Thereafter, as per the direction of the second respondent, the fourth respondent has to calculate the further pay and allowance for the period by implementing the order of the first respondent. But again the third respondent has sent a letter to the senior Audit Officer, requesting him to clarify the G.O.Rt.No.2632. Immediately, the petitioner has sent his representation on 12.12.2011, informing that the seniority list has been prepared for the panel preparation for giving promotion to the next post. But the respondents have not acted upon it. Therefore, it is made clear that when the first respondent has already passed a G.O.Rt.No.2632, Public (Special.A) Department, dated 26.07.2011 in favour https://hcservices.ecourts.gov.in/hcservices/ 3 of the petitioner as early as on 26.07.2011, the respondent cannot drag on the matter. 8. Under these circumstances, since the petitioner has already retired from service and his pay has been stepped up on par with his junior, this Court has no impediment to direct the respondents 2 to 4 to implement said the order passed by the first respondent in G.O.Rt.No.2632 Public (Special.A) Department, dated 26.07.2011. 9. Mr.P.Gunasekaran, learned Counsel appearing for the second respondent fairly submits that the case of the petitioner would be duly considered in the light of G.O.Rt.No.2632 Public (Special.A) Department, dated 26.07.2011, within a period of six weeks from the date of receipt of a copy of this order. 10. Recording the said submission of the learned Counsel for the second respondent, the respondents 2 to 4 are directed to implement the order passed by the first respondent in G.O.Rt.No.2632 Public (Special.A) Department, dated 26.07.2011, within a period of six weeks from the date of receipt of a copy of this order. 10. With the above directions, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To 1. The Secretary to Government, Public (Special-B) Department, Fort St.George, Chennai-600 009. 2. The Principal Accountant General, Office of the Accountant General, 361, Anna Salai, Teynampet, Chennai-600 018. 3. The Resident Audit Officer, Resident Audit Office, 224, South Veli Street, Madurai-1. 4. The Pay and Accounts Officer, Teasuries and Accounts Department, Madurai-625 001. + 1 cc to M/s.P.Gunasekaran, Advocate, SR No.45070 + 1 cc to The Special Government Pleader, SR No.45356 W.P.(MD)No.14589 of 2011 21.12.2011 ssl RJ/23.1.12 3p/7c https://hcservices.ecourts.gov.in/hcservices/