Partly allowed

V.Kannusamy, v. the District Backward Classes

Madras HC31 Jan 2017WP/26367/2013

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court directed respondents to consider the petitioner's representation on interest for salary arrears within 12 weeks due to non-compliance with a previous order. It further directed payment of interest at 9% p.a. for the delay.

What did the court decide?

Direction to consider representation on merits within 12 weeks; direction to pay interest at 9% p.a. within three months.

V.Kannusamy, Vs the District Backward Classes — Pension and Retirement Benefits | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 31.01.2017

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CORAM:

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THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR

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W.P.No.26367 of 2013

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V.Kannusamy .. Petitioner

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vs.

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1.The District Backward Classes and Minority Welfare Officer, Nagapattinam District, Nagapattinam.

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2.The Principal Secretary, District Backward Classes and Minority Welfare Department Nagapattinam. .. Respondents (2^nd respondent suo motu impleaded as per Order of this Court dated 24.9.2013)

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to dispose of the petitioner's representation dated 5.2.2013 pertaining to deposit at interest 6% p.a. from 01.06.1998 to till realisation.

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For petitioner : Mr.R.Murugabharathi For respondents : Mr.S.Diwakar Special Government Pleader

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ORDER

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The petitioner has filed the present Writ Petition for the relief stated above.

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The learned Special Government Pleader submitted that if the representation of the petitioner dated 5.2.2013 has not been considered, the same will considered by the respondents on merits and in accordance with law.

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Considering the nature and limited scope of the prayer made, without going into the merits of the matter, this Court directs the respondents to consider and dispose of the petitioner's representation dated 05.02.2013 on merits and in accordance with law, within a period of 12 weeks from the date

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https://hcservices.ecourts.gov.in/hcservices/

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of receipt of a copy of this order. The respondents complied with the order as far as the payment of arrears of salary is concerned but interest has not been paid to the petitioner as ordered by this Court in W.P.No.38567 of 2005 dated 1.9.2009. Hence, the respondents are directed to pay interest at the rate of 9% per annum instead of 6% per annum, for non-compliance of the order passed by this Court in W.P.No.38567 of 2005 dated 1.9.2009, within three months from the date of receipt of a copy of this order.

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With the above direction, the Writ Petition is disposed of. No costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
asvm
To
1.The District Backward Classes
and Minority Welfare Officer,
Nagapattinam District,
Nagapattinam.
2.The Principal Secretary,
District Backward Classes and
Minority Welfare Department
Nagapattinam.
+1cc to the Government Pleader, S.R.No.6503
nm(CO)
md(23/02/2017)

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W.P.No.26367 of 2013

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https://hcservices.ecourts.gov.in/hcservices/

V.Kannusamy, v. the District Backward Classes

Case brief

What is this about?

What did the court decide?

V.Kannusamy, v. the District Backward Classes

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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