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Madras High Court

G.Ganapathi vs The Secretary To Government on 5 October, 2016

Author: R.Subbiah

Bench: R.Subbiah

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2016
CORAM
	 	 THE HONOURABLE MR. JUSTICE R.SUBBIAH
			Writ Petition No.35335 of 2016 

1.G.Ganapathi
2.R.Manikandan
3.N.Subash						.. Petitioners 

          Vs.


The Secretary to Government,
Home (Police XIII) Department,
Fort St. George, Chennai-9.				.. Respondent 

				
		Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to consider and pass orders on the representation made by the petitioners dated 30.5.2016 and pay the petitioners the enhanced feeding charge of Rs.150/- per day for not more than 6 days in a month from 6.9.2013 till date, draw and disburse the same.

		For Petitioners   	 :   	Mr.M.Muthappan

		For Respondent    :  	Mr.S.N.Parthasarathi,
						Govt. Advocate
 

 ORDER   

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioners have come up with the present writ petition for a mandamus, directing the respondent to consider and pass orders on their representation dated 30.5.2016 and pay them the enhanced feeding charge of Rs.150/- per day for not more than 6 days in a month from 6.9.2013 till date, draw and disburse the same.

3. It is the case of the petitioners that they have entered into the service as Grade-II Police Constables through a selection conducted by TNUSRB in the month of February 2013. After institutional training, the petitioners were posted to serve in the Armed Reserve, Tiruvallur District. Since they are serving in the Police Department, they are benefited by the Government Order in G.O.Ms.No.644, Home (Police XIII) Department, dated 6.9.2013, wherein the Government ordered that the police personnel serving in the moffusil are also entitled to receive the enhanced feeding charges of Rs.150/- per day for not more than 6 days in a month. Though the said Government Order was issued on 6.9.2013, it has not been implemented in respect of police personnel serving in the mofussil. Hence, the petitioners made a representation dated 30.5.2016 to the respondent requesting him to pay the enhanced feeding charges. Since the same was not considered so far, left with no other alternative, the petitioners have come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioners and the learned Government Advocate, who has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim projected by the petitioners, this Court directs the respondent to consider the representation of the petitioners dated 30.5.2016 seeking enhanced feeding charge of Rs.150/- per day for not more than 6 days in a month from 6.9.2013 till date, and pass appropriate orders, on merits and in accordance with law and also as per G.O.Ms.No.644, Home (Police XIII) Department, dated 6.9.2013, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

05.10.2016 Index:Yes/No sbi To The Secretary to Government, Home (Police XIII) Department, Fort St. George, Chennai-9.

R.SUBBIAH, J sbi W.P.No.35335 of 2016 DATED: 05.10.2016