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Madras High Court

Marimuthu vs Union Government Of India on 10 April, 2019

Author: R.Mahadevan

Bench: R.Mahadevan

                                                           1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED :10.04.2019

                                                         CORAM:

                                THE HONOURABLE MR.JUSTICE R.MAHADEVAN

                                          WP(MD)No.15092 of 2017

                Marimuthu                                                ... Petitioner
                                                          Vs.

                1.Union Government of India,
                 Represented by its Secretary,
                 Ministry of Defence,
                 South Block,
                 New Delhi – 110 011.

                2.The Secretary,
                  Border Roads Development Board,
                  Ministry of Defence,
                  Border Roads Wing,
                  “B” Wing, 4th Floor,
                 Sena Bhawan,
                 New Delhi – 110 011.

                3.The Director General Border Roads,
                  Seema Sadak Bhawan,
                  Ring Road,
                  Delhi Cant,
                  New Delhi – 110 010.                                   ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                praying for issuance of a Writ of Mandamus, directing the 3rd respondent
                to set aside the below Benchmark grading endorsed in the petitioner's ACR
                and ICR for the period from 01.04.2003 to 25.12.2004 and consider the
                claim     of   the   petitioner    and   pass   orders     based   upon    petitioner's
                representation dated 22.04.2015.



http://www.judis.nic.in
                                                         2

                                     For Petitioner     :Mr.K.K.Kannan
                                     For Respondents :Mr.K.Ashok Kumar


                                                      ORDER

This writ petition has been filed seeking to direct the 3rd respondent to set aside the below Benchmark grading endorsed in the petitioner's ACR and ICR for the period from 01.04.2003 to 25.12.2004 and consider the claim of the petitioner and pass orders based upon the petitioner's representation dated 22.04.2015.

2.After arguing for some time, the learned Counsel for the petitioner confined the prayer to the extent of seeking a direction to the respondents to consider the petitioner's representation.

3.The prayer now sought by the learned Counsel for the petitioner is agreed by the learned Counsel appearing for the respondents.

4.In view of the above submission made by the learned Counsel on either side, without going into the merits of the case, the third respondent is directed to consider the petitioner's representation dated 22.04.2015, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

http://www.judis.nic.in 3

5.With the above direction, the writ petition is disposed of.

No costs.

                Index    : Yes / No                                       10.04.2019
                Internet : Yes / No

                dsk

                To

                1.The Secretary,
                 Ministry of Defence,
                 South Block,
                 New Delhi – 110 011.

                2.The Secretary,

Border Roads Development Board, Ministry of Defence, Border Roads Wing, “B” Wing, 4th Floor, Sena Bhawan, New Delhi – 110 011.

3.The Director General Border Roads, Seema Sadak Bhawan, Ring Road, Delhi Cant, New Delhi – 110 010.

http://www.judis.nic.in 4 R.MAHADEVAN.J., dsk WP(MD)No.15092 of 2017 10.04.2019 http://www.judis.nic.in