K.v.Saravanan Vs The Secretary to Government

records on the file of the third respondent in connection with the impugned order passed by him in his proceedings Ka.No. 5374/E4/1/2022 dated 30.09.2022 and quash the same as illegal and consequently directing third respondent to grant annual increment from the year 2022 – 2023 and continuously and also pay arrear together with interest of 18% per annum.

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For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.A.Baskaran,

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Additional Government Pleader

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O R D E R

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This Writ Petition has been filed challenging the impugned order dated 30.09.2022 passed by the third respondent, rejecting the petitioner's request for the grant of annual increment from the year 2022-2023, on the ground that a writ petition is pending pertaining to the very same issue before this Court.

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2. It is now brought to the notice of this Court by the learned Additional Government Pleader for the respondents that the said Writ Petition which is the reason for rejection of the petitioner's request has been disposed of by this Court by its order dated

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

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W.P.(MD)No.28731 of 2023

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19.03.2024 in W.P.(MD)No.5374 of 2021. Since the same has been disposed of, learned Additional Government Pleader for the respondents would submit that the impugned order can be quashed and the matter may be remanded back to the very same respondent for fresh consideration of the petitioner's request on merits and in accordance with law within a time frame to be fixed by this Court.

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3. Since the Writ Petition has already been disposed of, the reason given by the respondent for rejection of the petitioner's request no longer survives. In view of the same, necessarily the impugned order has to be quashed and the matter remanded back to the very same respondent for fresh consideration on merits and in accordance with law within a time frame. Accordingly, the impugned order dated 30.09.2022 passed by the third respondent is hereby quashed and the matter is remanded back to the third respondent for fresh consideration of the petitioner's request seeking for annual increment as prayed for in his representation dated 23.09.2023. The third respondent is directed to pass final orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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

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W.P.(MD)No.28731 of 2023

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4. With the aforesaid direction, this Writ Petition stands

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disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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12.11.2025