S. Arumugam v. Union of India

1. Petitioner seeks a direction to respondents to reckon the date of assumption of charge by the petitioner to the post of Assistant Sub - Inspector (Ministerial) with effect from 14.06.1999, i.e, the date of promotion of the petitioner to the post of Assistant Sub-Inspector (Ministerial) and further seeks grant of one increment as on 01.01.2006 and next increment as on 01.07.2006 in terms of Office Memorandum dated 19.03.2012 and other consequential benefits.

2. Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a decision of a coordinate Bench of this Court dated 01.04.2019 in WP(C) 4448/2016 titled Vijayan V.V. vs. Union of India & Ors. and other connect matters.

3. Issue notice. Notice is accepted by learned counsel appearing for respondents.

4. Learned counsel for the respondents submits that without admitting any of the contentions of the petitioner and without prejudice to their rights and contentions, since petitioner has given representations dated 31.05.2020 and 27.01.2023, which are under active consideration of the competent authority, this petition be disposed of on the assurance that the representations would be decided within a period of 8 weeks from today by way of a speaking order and in case relief is admissible to the petitioner, the same shall be granted forthwith.

5. In view of the above assurance, the petition is disposed of directing the respondents to decide the above referred representations of the petitioner in accordance with law.

6. It is clarified that this Court has neither considered nor commented upon the merits of the contentions of either parties. All rights and contentions of the parties are reserved.

7. Petitioner would also be at liberty to initiate fresh proceedings in case the petitioner is aggrieved by the decision on disposal of his representation.

8. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J MANOJ JAIN, J JULY 7, 2023