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D.Amirdham v. the Secretary

Madras HC16 Dec 2025WP/18728/2023

Case brief

AI extract

What is this about?

Keywords: unpaid salary; salary arrears; 6th Pay Commission arrears; 6th CPC; grant-in-aid; Puducherry Agro Service and Industries Corporation Limited (PASIC); Managing Director PASIC; Union Territory of Puducherry; Ministry of Home Affairs; Helper; superannuation; retirement benefits; PL encashment; representation dated 12.04.2023; no response; Article 226; certiorarified mandamus; interest at 12% per annum; direction to consider representation; reporting compliance 21.01.2026; Madras High Court; P.T. Asha J.; writ petition disposed; no costs.

What did the court decide?

Direction to the 5th respondent (Managing Director, PASIC) to consider the petitioner's representation dated 12.04.2023 on merits and in accordance with law and pass appropriate orders; matter to be posted on 21.01.2026 for reporting compliance; no costs awarded and no monetary payment ordered.

D.Amirdham Vs the Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 5 are liable to pay the petitioner's unpaid salary and allowances — 40% salary (May 2013 to July 2016), 30% salary (August 2016 to January 2017), salary (September to October 2018 and December 2018 to June 2020) and 40% arrears under the 6th Pay Commission — by disbursing grant-in-aid. +1 more

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Court's answer

The Court directed the 5th respondent to consider the petitioner's representation dated 12.04.2023 on merits and in accordance with law, pass appropriate orders, and report compliance on 21.01.2026.

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Ratio / Principle

The directions were issued without expressing any opinion on the merits of the petitioner's claim; the entitlement questions were left open.

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Detailed headnote1 paragraphs

Writ petition under Article 226 by a retired Helper of Puducherry Agro Service and Industries Corporation Limited (PASIC) — appointed 26.11.1999, superannuated 30.06.2020 — seeking directions to respondents 1 to 5 (Secretary, Ministry of Home Affairs; UT of Puducherry; its Finance Secretary; PASIC; and its Managing Director) to pay unpaid salary and allowances, namely 40% salary for May 2013 to July 2016, 30% salary for August 2016 to January 2017, salary for September to October 2018 and December 2018 to June 2020, and 40% sixth Pay Commission arrears, through grant-in-aid, with interest at 12% per annum. The Madras High Court (P.T. Asha, J.), considering the limited relief sought and without expressing any opinion on the merits, directed the 5th respondent to consider the petitioner's representation dated 12.04.2023 on merits and in accordance with law and pass appropriate orders, with compliance to be reported on 21.01.2026. Writ petition disposed of; no costs.

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W.P.No.18728 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.12.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T.ASHA

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W.P.No.18728 of 2023

D.Amirdham

... Petitioner

-vs-

1.The Secretary, Ministry of Home Affairs,

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New Delhi.

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2.The Union Territory of Puducherry, Represented by its Chief Secretary, Chief Secretariat, Puducherry.

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3.The Secretary, Finance Department, Chief Secretariat, The Union Territory of Puducherry, Puducherry.

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4.M/s.Puducherry Agro Service and Industries Corporation Limited, Agro House, Thattanchavady Puducherry 605009 Represented by

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The Secretary To Government (Agriculture) -cumChairman, PASIC, Office of Chief Secretariat,

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Puducherry.

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5.The Managing Director,

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M/s.Puducherry Agro Service and Industries Corporation Limited,

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Agro House, Thattanchavady Puducherry 605009

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... Respondents

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.18728 of 2023

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PRAYER:

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, directing the respondents 1 to 5 to pay out the salary and other related allowances to the petitioner, including 40 percentage of arrears in the 6^th pay commission by disbursing grant-in-aid or in alternative, within a specified period and may settle the mentioned arrears in full with interest at the rate of 12 percentage per annum on the amount due and payable to the petitioner, within a specified time period.

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: For petitioner Ms.M.Malaviya For Respondents : Mr.Tamilvannan, Government Advocate for R1-3 No appearance for R4 and R5 ******

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ORDER

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This writ petition has been filed to direct the respondents 1 to 5 to pay out the salary and other related allowances to the petitioner, including 40 percentage of arrears in the 6^th pay commission by disbursing grant-in-aid or in alternative, within a specified period and may settle the mentioned arrears in full with interest at the rate of 12 percentage per annum on the amount due and payable to the

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.18728 of 2023

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petitioner, within a specified time period.

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The learned counsel for the petitioner would submit that on 26.11.1999, the petitioner was appointed as a Helper in the Puducherry Agro Services and Industries Corporation Limited. Thereafter, he retired from service on 30.06.2020 on attaining superannuation with the retirement benefits, PL encashment, salary for the year 2011-2012 for 9 months from July 2011 to March 2012 and for the year 2013-2014 for 9 months for the period from July 2013 to March 2014.

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However, the petitioner has been not paid 40% salary for

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the period from May 2013 to July 2016 and 30% salary for the period from August 2016 to January 2017 without periodical increment and restricted D.A. @ 80%. Further, the salary from September 2018 to October 2018 and from December 2018 to June 2020 (upto the retirement) and also 6th CPC 40% arrears were not paid to the petitioner. Therefore, the petitioner made a representation

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.18728 of 2023 dated 12.04.2023 before the 5^th respondent and however, there is no response. Aggrieved by the same, the petitioner is before this Court.

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Considering the limited relief sought for in this writ petition, this Court, without expressing any opinion on the merits of the case, directs the 5^th respondent to consider the petitioners representation dated 12.04.2023, on merits and in accordance with law and to pass appropriate orders and report compliance on 21.01.2026.

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Accordingly, the writ petition is disposed of. No costs. Post the matter on 21.01.2026 under the caption “For reporting compliance”.

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16.12.2025

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Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa Issue Today on 16.12.2025

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.18728 of 2023