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Madras High CourtWP/1360/2025disposed of

Thenmozhi v. The Commissioner

2025-06-26Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.1609 of 2025 1.Thenmozhi 2.R.Adhilakshmi 3.Kannaki 4.K.Poongavanam 5.G.Renuka Devi ... Petitioners Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Joint Commissioner, [Education Department], Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Educational Officer, Greater Chennai Corporation, Rippon Building, Amma Malagai, Chennai - 600 003.

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4.The Government Secretary, Water Supply and Sewerage Board, Secretariat, St.George Fort, Chennai - 600 009.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to revise the pay scale from 10.06.2009 and pay the differential amount as arrears of pay along with 18% interest from 10.06.2009 to till date. For Petitioners : Mr.N.Beulah John Selvaraj For Respondents : Mrs.K.Aswini Devi Standing Counsel for R1 to R3 Mr.C.Selvaraj Additional Government Pleader for R4

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the the 1st respondent to revise the pay scale from 10.06.2009 and pay the differential amount as arrears of pay along with 18% interest from 10.06.2009 to till date.

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2. The learned counsel for the petitioners would submit that the petitioners 1, 3 and 5 were appointed as Ayyaha in the respondent corporation during the year 1998 and the petitioners 2 and 4 were appointed as Ayyaha in the year 1997 in the Kindergarten Section of Schools run by the 1st respondent. The learned counsel for the petitioners would further submit that petitioners' services were regularized and brought under a regular pay scale vide Proceedings No.Ka.Thu.Na.Ka.No.E2/790/2010-2 dated 23.09.2011 with effect from 10.06.2009, the pay was revised from time to time.

3. It is the grievance of the petitioners that they have not been included in the old pension scheme and also not entitled for any service benefits. Hence, they have sent representations dated 23.08.2024 and 27.08.2024 to the respondents regarding revised scale of pay and service benefits, and such representations are yet to be considered by the respondents. Hence the present writ petition.

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4. At this juncture, the learned Standing Counsel appearing for the respondent Nos.1 to 3 and the learned Additional Government Pleader appearing for the respondent No.4 would fairly submits that they would consider the petitioners' representations within a reasonable time.

5. Heard the learned counsel for both sides and perused the materials available on record.

6. Though there is a disputed facts between the parties, taking into consideration of the fact that the representations made by the petitioners are yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to consider the petitioners' representations dated 23.08.2024 and 27.08.2024 and pass order on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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7. In the result, this Writ Petition is disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

26.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Joint Commissioner, [Education Department], Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Educational Officer, Greater Chennai Corporation, Rippon Building, Amma Malagai, Chennai - 600 003.

4.The Government Secretary, Water Supply and Sewerage Board, Secretariat, St.George Fort, Chennai - 600 009.

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C.KUMARAPPAN, J.

jas and W.M.P.No.1609 of 2025 26.06.2025 6/6