Case Note & Summary
The writ petition was filed by a retired Special Grade Lab Assistant employed in a Government Polytechnic, seeking a writ of mandamus against the State Government and technical education authorities. The petitioner had made a representation dated 20.01.2025 requesting refixation of his pay scale in accordance with G.O.Ms.No.314, Finance (Pay Cell) Department, dated 22.07.2013, and consequential revision of retirement benefits. The grievance was that the representation remained unconsidered. The court noted that the only relief sought was consideration of the representation. Therefore, without going into the merits of the claim, it was deemed appropriate and reasonable to direct the respondents to consider and pass appropriate orders on the representation within a period of four weeks from the date of receipt of a copy of the order. The matter was disposed of with no order as to costs. The court did not adjudicate on the correctness of the pay fixation claim.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226, Constitution of India, 1950 - The petitioner sought a writ of mandamus directing authorities to consider his representation for pay refixation and revision of retirement benefits as per government order. The court disposed of the petition by directing consideration of the representation within four weeks without going into merits, as the relief sought was limited. (Paras 2-5).
Issue of Consideration
Whether direction should be issued to respondents to consider petitioner’s representation for refixation of pay as per G.O.Ms.No.314 without going into merits.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider and pass appropriate orders on the petitioner’s representation dated 20.01.2025 within a period of four weeks from the date of receipt of a copy of the order in accordance with law. No costs.
Law Points
- Even in the absence of detailed merits
- a writ of mandamus can be issued directing authorities to consider representation within a stipulated time in accordance with law.
Case Details
2025 LawText (MAD) (02) 261
K.Vinoharan (for petitioner), T.Amjad Khan, Government Advocate (for respondents)
1.The Government of Tamil Nadu, Rep. by its Secretary, Finance (Pay Cell) Department, Chennai; 2.The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai – 600 025; 3.The Principal, Government Polytechnic, Tuticorin District
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Nature of Litigation
Service matter: refixation of pay and revision of retirement benefits.
Remedy Sought
Petitioner seeks a writ of mandamus directing respondents to refix his pay in Special Grade Lab Assistant post as per G.O.Ms.No.314 dated 22.07.2013, revise retirement benefits, and disburse the same within a stipulated time.
Filing Reason
Petitioner’s representation dated 20.01.2025 for refixation was not considered by respondents.
Previous Decisions
None mentioned; first writ petition.
Issues
Whether a writ of mandamus should be issued directing the respondents to consider petitioner’s representation for refixation of pay and retirement benefits without going into the merits of the case.
Submissions/Arguments
Petitioner submitted through counsel that representation dated 20.01.2025 for refixation of pay remained unconsidered and sought direction.
Respondents (Government Advocate) did not raise any specific opposition as the court disposed of the matter without merits.
Ratio Decidendi
When a representation for a service benefit is pending and no adverse consequence arises, a writ of mandamus may be issued directing the authorities to consider and decide the representation within a stipulated time, without deciding the merits of the claim. (Paras 2-4)
Judgment Excerpts
The only grievance raised by the petitioner in this Writ Petition is to consider his representation dated 20.01.2025 submitted to the respondents, seeking to refix the scale of pay of the petitioner in the post of Special Grade Lab Assistant as per G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013.
this Writ Petition is disposed of with a direction to the respondents to consider and pass appropriate orders on the representation dated 20.01.2025 submitted by the petitioner within a period of four [4] weeks from the date of receipt of a copy of the order in accordance with law.
Procedural History
Petition filed under Article 226 seeking mandamus; heard both sides; disposed of with direction to consider representation without going into merits.
Acts & Sections
- Constitution of India, 1950: Article 226
