1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13288 of 2011 M.Pandithurai ..Petitioner Vs The Secretary to Government, Revenue Department, Chief Secretariat, Chennai - 600 009. ..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to dispose of the petitioner's appeal dated 15.04.2011 which was acknowledged on 19.04.2011 relating to the recovery of Rs.34,129/- from the DCRG of the petitioner, on merits and in the light of the orders passed in W.P.No.17408 of 2006, dated 13.02.2008. For Petitioner :M/s.S.Visvalingam For Respondent :Mr.B.Pugalenthi, Special Govt.Pleader ORDER The petitioner/M.Pandithurai, who served at the time of his retirement as Inspector of Survey under the control of Assistant Director of Survey and Land Records, Dindigul District was made to pay a sum of Rs.34,129/- from his DCRG as per the proceedings No.A11/15045/1999, dated 24.02.2000 of the Assistant Director of Survey and Land Records, Dindigul District, on the ground that he was granted personal pay of 5% from 01.08.1992 to 31.01.2000 by mistake. 2. The case of the petitioner is that as per G.O.Ms.No.664, Finance Department, dated 24.08.1992, 5% of the basic pay was granted as personal pay for certain categories including the category of Deputy Inspector of Survey who were getting pre-revised scale of Rs.905-1545 and in the revised scale of Rs.1600-2660. Since the petitioner also was getting the above scale of pay, a deduction of Rs.34,129/- was calculated. However, after the above said proceeding passed by the Assistant Director of Survey and Land Records, Dindigul, the petitioner has given a representation to the Commissioner of Survey and Settlement, Chennai and the said representation was rejected as per letter No.K1/46097/2010(Land Survey), dated 22.02.2011. Aggrieved by the said rejection order, the petitioner has also filed an appeal before the Secretary to Government, Revenue Department, Chennai and the same is pending. Since the petitioner's appeal has not been disposed of till date, the petitioner has come up with the present Writ Petition seeking a direction to the respondent/The Secretary to Government, Revenue Department, Chief Secretariat, Chennai - 600 009, to dispose of the said appeal, on merits and in accordance with law. 3. Mr.B.Pugalenthi, learned Special Government Pleader appearing for the respondent submits that it is not a regular appeal as contemplated under any rule. Since the petitioner is aggrieved by the order of the https://hcservices.ecourts.gov.in/hcservices/ 2 Commissioner of Survey and Settlement, Chennai, has filed an appeal before the Secretary to Government, Revenue Department,Chief Secretariat, Chennai - 600 009 and the same is pending and hence the respondent shall be directed to dispose of the pending appeal, within a time frame. 4. Accordingly, the respondent is directed to consider and dispose of the appeal preferred by the petitioner, dated 15.04.2011, on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. No costs. SD DEPUTY REGISTRAR ( Accounts ) /TRUE COPY/ ASST REGISTRAR vsn To The Secretary to Government, Revenue Department, Chief Secretariat, Chennai - 600 009. 1CC TO THE SPL. GOVT PLEADER SR: 41109: DM::2011:DECEMBER:16:: W.P(MD)No.13288 of 2011 22.11.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/