Tmt.S.Kaliyammal, v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.5080 to 5086 of 2018 Tmt.S.Kaliyammal ..
Petitioner in W.P.No.5080 of 2018 Selvi.D.Kannagi ..
Petitioner in W.P.No.5081 of 2018 Tmt.S.Tamilmani ..
Petitioner in W.P.No.5082 of 2018 Tmt.S.Kalaimani ..
Petitioner in W.P.No.5083 of 2018 Tmt.S.Mahalakshmi ..
Petitioner in W.P.No.5084 of 2018 P.Kamalam ..
Petitioner in W.P.No.5085 of 2018 C.Aslai ..
Petitioner in W.P.No.5086 of 2018 -vs1. Government of Tamil Nadu represented by its Secretary Backward Classes, Most Backward Class & Minorities Welfare Department Chennai 600 009
2. The Commissioner/Director Backward Classes & Minority Welfare Department Ezhilagam, Chepauk Chennai 600 005
3. The District Backward and Minorities Welfare Officer Perambalur Collector Office Perambalur District ..Respondents in all the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representations dated 02.08.2017, 10.08.2017, 02.08.2017, 09.08.2017, 29.08.2017, 03.08.2017 & 02.08.2017 respectively, of the petitioners and pass orders thereon on merit and in accordance with law within a time to be stipulated by this Hon'ble Court.
For Petitioners ::
Mr.P.Ganesan For Respondents ::
Mr.R.S.Selvam Government Advocate
ORDER
The petitioners were appointed as Assistant Cooks on 8.6.98, 20.1.92, & 31.7.95 through the District Employment Exchange, Tiruchirappalli and allotted to Settikulam Government Backward Girls Hostel, Tha.Pallur Government Backward Girls Hostel, Settikulam Government Most Backward Girls Hostel, Vegalam Government Backward Girls Hostel, Venbavur Government Backward Girls Hostel, Mettupalayam Government Most Backward Girls Hostel and Maruthur Government Backward Girls Hostel respectively, under the control of the third respondent, in the regular vacancies on consolidated pay. While they were working as such, the Government took a policy decision to bring the persons who are working as Assistant Cook and Cook in the Government Adi Dravidar Welfare Girls Hostels into the time scale of pay from the date of their appointment.
But the said benefit was not given to the petitioners. Therefore, the petitioners, who are working in the aforementioned Government Backward Class and Most Backward Class Girls Hostels, similar to the persons working in the Government Adi Dravidar Welfare Girls Hostels, gave their representations to the Government with a request to bring them also in the time scale of pay. Learned counsel for the petitioners also submitted that on the basis of the representations given by the petitioners, the Government directed the District Backward and Minorities Welfare Officer, Perambalur, the third respondent herein to take steps to bring the petitioners into the time scale of pay.
In addition thereto, the Commissioner/Director of Backward Classes & Minority Welfare Department, Chennai also directed the third respondent to pass necessary proceedings to bring them into the time scale of pay and they were also accordingly given the benefit of time scale of pay. But their grievance is that they were brought into the time scale of pay only from the date of passing the order with effect from 3.6.2002 giving the monetary benefits with effect from 2005. Since the petitioners were all appointed through the District Employment Exchange, Tiruchirappalli, they made further representations that may be also given the time scale of pay from the date of their initial appointment. Since the said representations have not been considered, they have come to this Court.
2. Mr.R.S.Selvam, learned Government Advocate takes notice on behalf of the respondents.
3. This Court hereby directs the respondents to consider the representations of the petitioners dated 02.08.2017, 10.08.2017, 02.08.2017, 09.08.2017, 29.08.2017, 03.08.2017 & 02.08.2017 respectively on merit and pass appropriate orders in accordance with law, within a period of six weeks from the date
of receipt of a copy of this order. The writ petitions are disposed of accordingly. No costs.
Ss Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To
1. The Secretary to Government Backward Classes, Most Backward Class & Minorities Welfare Department Fort St.George Chennai 600 009
2. The Commissioner/Director Backward Classes & Minority Welfare Department Ezhilagam, Chepauk Chennai 600 005
3. The District Backward and Minorities Welfare Officer Perambalur Collector Office Perambalur District +1CC to Government Pleader, High court, Madras in SR.NO. 17740/18 W.P.Nos.5080 to 5086 of 2018 SJ [CO] MLT-26/03/2018