The petitioner sought a writ of mandamus directing respondents to sanction increments and pay arrears from 1991. The High Court noted that the petitioner was removed from service based on findings of proved charges recorded by the Tribunal for Disciplinary Proceedings. Consequently, the petition was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.23852 of 2009
K.Viswanathan .. Petitioner
-vs1. The Revenue Divisional Officer Virudhachalam 2. The Tahsildar Virudhachalam .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to sanction the annual increments to the petitioner with effect from the year 1991 taking into account the 4th , 5th and 6th Pay Commissions and to re fix the scale of pay of the petitioner and to pay the arrears of salary to the petitioner and pass appropriate orders on merits and in accordance with law.
For Petitioner :: Mr.S.Senthilnathan
For Respondents :: Mr.M.Elumalai
Government Advocate
ORDER
This writ petition has been filed seeking issuance of a mandamus directing the respondents to sanction the annual increments to the petitioner with effect from the year 1991 taking into account the 4th , 5th and 6th Pay Commissions and to re-fix the scale of pay and to also pay the arrears of salary to the petitioner.
Administrative Tribunal in O.A.No.571 of 1992 and based on the order of stay, the petitioner was reinstated in service.
Sd/-
Assistant Registrar(CS iv)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Revenue Divisional Officer
Virudhachalam
2. The Tahsildar
Virudhachalam
+1cc to Mr.S.Senthilnathan , Advocate SR.No. 20256
+1 cc to Government Pleader SR.NO. 20922,20920
W.P.No.23852 of 2009
A.SK(04/04/2019)
2 issues framed by the court
Whether the High Court should direct the respondents to sanction annual increments and arrears of salary to a petitioner removed from service after findings of proved charges were recorded.
Whether a case for further enhancement of salary rights survives when the petitioner was already removed from service based on the Tribunal's findings.
K.Viswanathan
The Revenue Divisional Officer Virudhachalam
The Tahsildar Virudhachalam
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
