A.Tamilselvan, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.12446 of 2013
1. A.Tamilselvan
2. S.Sethupandian
3. T.V.Thirumarahn
4. C.B.Shanmugam
5. V.Veeramani
6. E.Mahalakshmi
7. J.Sadasivam
8. A.A.Ramasamy
9. M.Arusamy
10. G.Rajan
11. R.Sathiyamoorthy
12. K.Saravana Selvam
13. R.Umarani
14. S.Thamil Selvi
15. M.Rajederan
16. S.Amirthavalli
17. A.Sivaprakasam
18. S.Subratheebaprabu
19. G.Manjula
20. V.R.Ambikaputhi
21. T.Uthaman
22. S.Mathivanan
23. P.Yahaiya Abdul Kappor
24. K.Ravi
25. S.Bharathi
26. G.Karunakaran
27. J.Senthil Kumar
28. K.Sivakumar
29. S.Ravi Chandran
30. R.Riswana
31. S.P.Sasikumar
32. T.K.Sengootwan
33. M.Ravi Raj
34. N.Muruganantham
35. P.Sabarmathirani
36. D.Chithra
37. K.Vetri Selvi
38. S.Sambasivam
39. S.Kamaraj
40. E.Vasuki
41. R.Sentilkumar
42. R.Ayyadurai
43. S.Kalyanaraman
44. K.Ganesh Kumar
45. S.Seetharani
46. P.Raja
47. G.Rajkumar
48. S.Karthikeyan
49. A.Gunasekaran
50. G.Senthil Kumar
51. B.Mangaiyarkarasi
52. R.G.Thirulogachandar ... Petitioners Vs
1. The Government of Tamilnadu, Represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009.
2. The Director, Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 15.
... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus calling for the records on the file of the 1st respondent relating to the issue of G.O.Ms.No.307 Finance (Pay Cell) Department dated 22.07.2013 and quash the same in so far not granting monetary benefits of the revised pay scales granted under the said G.O. with effect from 01.08.2010 on par with the overseers of Municipalities and Public Works Department and consequently to direct the respondents to grant the petitioners the monetary effect of the revised pay scale of Rs.9300-34800 with Grade pay of Rs.4200/- granted in the impugned G.O. with effect from 01.08.2010 on par with that of the overseers of Municipalities and Public Works Department and to pay the arrears therefor within a time frame as may be fixed by this Honourable Court.
(Prayer amended as per the order of this Court dated 30.09.2020 made in WMP.No.12154 of 2020) For Petitioners : Mr.N.Subramaniyan For Respondents : Mr.A.N.Thambidurai, Spl.GP
ORDER
The prayer, which was subsequently amended in this writ petition, is to issue a Certiorarified Mandamus calling for the records on the file of the 1st respondent relating to G.O.Ms.No.307 Finance (Pay Cell) Department dated 22.07.2013 and quash the same in respect of not granting monetary benefits of the revised pay scale granted under the said G.O. with effect from 01.08.2010 on par with the overseers of Municipalities and Public Works Department and consequently direct the respondents to grant the petitioners monetary benefit of the revised pay scale of Rs.9300-34800 with Grade pay of Rs.4200/- granted in the impugned G.O. with effect from 01.08.2010, along with arrears, within a time frame to be fixed by this Court. 2.
According to the learned counsel for the petitioners, the petitioners are working as Overseers in Panchayat Unions of various Districts. By G.O.Ms.No.307, Finance (Pay Cell) Department, dated 22.07.2013, which is impugned herein, the scale of pay of the petitioners was revised as Rs.9300 - 34800 + grade pay of Rs.4200/- on par with the overseers of the Municipalities and Public Works Department, notionally with effect from 01.01.2006, with monetary benefit from 01.04.2013. Whereas the overseers of the Municipalities and Public Works Department were granted the monetary benefit with effect from 01.08.2010. Therefore, the learned counsel prayed to quash the said G.O., to that extent alone and consequently, direct the first respondent to pay the monetary benefits with effect from 01.08.2010, instead of 01.04.2013, to the petitioners. 3.
On the other hand, the learned Special Government Pleader appearing for the respondents fairly submitted that if the petitioners submit a fresh representation for the relief now sought herein, the respondents would consider the same and pass orders, on merits, within a reasonable time to be fixed by this Court.
4.The learned counsel for the petitioners agreed to the aforesaid submission made by the learned Special Government Pleader appearing for the respondents.
5.Considering the facts and circumstances of the case and as agreed upon by both the parties, the petitioners are directed to submit a fresh representation enclosing supporting materials, to the respondents, within a period of two weeks from the date of receipt of a copy of this order. On such representation being made, the respondents shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks thereafter.
6.Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar av To
1. The Secretary, The Government of Tamilnadu, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009.
2. The Director, Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 15.
+1cc to Mr.N.Subramanian , Advocate SR.No. 4273 +1 cc to Government Pleader Sr.No. 4207 W.P.No.12446 of 2013 A.SK(05.07.2021)