@JUDGMENTTAG-ORDER
D. Hariparanthaman, J.@mdashThe writ petition is filed to issue a direction tothe Respondents to sanction and pay increments from 1.7.1992 and
to fix pay as per the recommendation of the VI Pay Commission.
2. The Petitioner had joined as Work Inspector in theRespondent Department in the year 1971. He was promotedas Irrigation Inspector in the
year 1976. In July 1992, the Petitioner had applied Medical Leave for two months. After recovery of his illness, in spite of his repeated requests,
he was not permitted to join duty. He was permitted to join duty on 18.12.1996.
3. While the facts stood like that, the Petitioner was proceeded with disciplinary action for his alleged absence and an enquiry was conducted. The
Enquiry Officer found him not guilty. But no punishment order was passed. In these circumstances, the Petitioner was not granted increments from
the year 1992 onwards. Hence, he filed an Original Application No. 5579 of 2000(W.P. No. 47305 of 2006) praying for a direction to the
Respondents to sanction and pay increments from 1.7.1992 and to fix pay as per the recommendation of the VI Pay Commission.
4. When the matter was taken up for hearing on 27.9.2010, this Court has passed the following order:
The case of the Petitioner is tha the was not given annual increment from 1992 without any reasons and his pay was not fixed as per VI Pay
Commission Recommendations.
The Respondents have not filed the counter refuting the allegations.
If no counter is filed, the matter will be disposed of treating as if the averments are not controverted.
Post next week for orders. In the meantime, it is for the Respondents to file counter and defend their case.
5. Again the matter was listed on 4.10.2010. But the Respondents have not filed counter. However, in order to give an opportunity, on
21.10.2010, the matter was adjourned to 25.10.2010. On 25.10.2010, this Court has passed the following order:
The matter is relating to non-sanctioning of increments without any punishment order. No counter is filed. The learned Government Advocate
seeks one more opportunity to file counter. Post the matter for orders on 1.11.2010.
6. Heard Mr. K. Thennan leaned counsel appearing for the Petitioner and Mrs. Lita Srinivasan, learned Government Advocate for the
Respondents.
7. The learned Government Advocate has produced four letters dated 27.09.2010, 4.10.2010, 21.10.2010 and 25.10.2010 directing the
Respondents to assist her by producing all the documents and records so as to prefer counter and to argue the case, but there was no response.
Therefore, according to the learned Government Advocate, the averments made in the petition are not controverted. Hence, this Court finds no
option except to pass an order based on the averments in the writ petition.
8. Accordingly, the writ petition is allowed and the Respondents are directed to sanction increments from 1.7.1982 within a period of two weeks
from the date of receipt of a copy of this order. No costs.
