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2026 Supreme(Online)(Mad) 29988

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
K.Ayyappan – Appellant
Versus
The Chief Conservator of Forests (Forest Administration) Panagal Buildings Saidapet Chennai-15 – Respondent



Advocates:
For the Appellants/Petitioners: Mr.M.Kannan
For the Respondents: Mr.S.Shaji Bino Special Government Pleader

Court directs fresh representation for pay fixation grievance consideration instead of direct writ relief.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing refixation of salary and disbursement of arrears and pensionary benefits based on a representation dated 10.03.2025. The court noted the absence of the original representation in respondents' records and the petitioner's grievance regarding pay fixation as detailed in the affidavit. The court determined that direct examination was inappropriate at this stage. The key issue was whether the fourth respondent should consider the missing representation. Respondents contended the representation was unavailable, precluding consideration. The court's reasoning emphasized permitting a fresh representation for merits-based disposal in accordance with law (paras 5-6). The writ petition is disposed of, permitting fresh representation within three weeks, to be considered within twelve weeks.

Table of Content
1. notice taken and petition admitted with consent. (Para 2 , 3 , 4)
2. original representation not in records. (Para 5)
3. direct fresh representation for consideration on merits. (Para 7)

O R D E R

Mr.S.Shaji Bino, learned Special Government Pleader, takes notice for the respondents.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. This writ petition has been filed seeking a writ of mandamus to direct the fourth respondent to consider the petitioner's representation dated 10.03.2025 said to have been submitted by him and to disburse the arrears of salary and pensionary benefits by refixing his salary.

5. However, learned Special Government Pleader appearing for the respondents submitted that the representation said to have been submitted by the petitioner on 10.03.2025 is not available in the records of the respondents and therefore, the question of considering the same does not arise. 6. Considering the fact that the petitioner appears to have some grievance with regard to fixation of pay, which has also been narrated in the affidavit filed in support of this writ petition, this Court is of the considered view that instead of this Court examining the same at the first instance, it would appropriate to permit the petitioner to submit a representation afresh to the fourth respondent and to direct the fourth respondent to consider the same on merit and in accordance with law.

7. Accordingly, this writ petition is disposed of permitting the petitioner to submit a fresh representation to the fourth respondent ventilating his grievance within a period of three weeks from the date of receipt of a copy of this order. On submission of such representation, the fourth respondent shall consider the same and pass appropriate reasoned orders on merits and in accordance with law and communicate the same to the petitioner within a period of twelve weeks from the date of submission of the fresh representation by the petitioner. No costs.

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