P.Kaliyamurthy v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.11.2017 Coram The Honourable Mr.Justice RAJIV SHAKDHER and The Honourable Mr.Justice N.SATHISH KUMAR Writ Petition Nos.4133 & 4134 of 2017 P.Kaliyamurthy .. Petitioner in W.P.No.4133/17 D.Anbarasu .. Petitioner in W.P.No.4134/17 Vs.

1. The Union of India, rep. By The Union Territory of Puducherry, Rep. by its Chief Secretary to the Government of Puducherry, Secretariat, Goubert Avenue, Puducherry.

2. The Secretary, Department of Finance, The Government of Puducherry, Secretariat, Goubert Avenue, Puducherry.

3. The Secretary, Department of Law, The Government of Puducherry, Secretariat, Goubert Avenue, Puducherry.

4. The Chief Judge, District Court, Judicial Department, Integrated Court Complex, Puducherry.

... Respondents in both Wps Prayer in both WPs : Petitions filed under Article 226 of the Constitution seeking Writ of Mandamus directing the respondents 1 to 3 herein to consider the amalgamation of the posts of Head Sarishtadar and Sarishtadar, into a single post of Sarishtadar by according the pay band of Rs.6500 - 10500, with the grade pay of Rs.4600 in terms of the G.O.Ms.No.12/DP&AR-SS-II(1) dated 01.03.2010 and G.O.Ms.No.14/F3/2010, Financial Department dated 10.06.2014 by considering Petitioners representations dated 10.09.2015, within the time frame fixed by this Court. * * *

For Petitioners : Mr.V.Vijayshankar for Mr.Adithya Reddy For Respondents : Mr.Syed Mustafa AGP (Puducherry) - - - - - C O M M O N O R D E R (Order of the Court was delivered by RAJIV SHAKDHER,J.) 1.

Issue notice. Mr.Syed Mustafa, learned Additional Government Pleader (Puducherry) accepts notice on behalf of the respondents.

2. In view of the direction that we intend to pass, no counter affidavit need be filed by the respondents.

3. The limited direction that the petitioners press for, at this juncture, is that their representations dated 14.02.2017, should be considered by the respondents.

4. The representations of the petitioners broadly seeks amalgamation of the posts of Sarishtadar and Head Sarishtadar. For this purpose, the petitioners have relied upon a judgement of this Court dated 09.07.2013, passed in W.P.Nos.25599 and 26237 of 2009.

4.1. In that case, the Court had upheld the action of the Government of Union Territory of Puducherry of amalgamating the posts of Superintendent Grade-I and Superintendent Grade-II. It is the submission of the petitioners that the posts of Superintendent Grade-1 and Superintendent Grade-II are equivalent to the posts of Head Sarishtadar and Sarishtadar respectively.

5. Accordingly, the respondents are directed to deliberate and deal with the representations of the petitioners dated 14.02.2017, as expeditiously as possible, though, not later than six (6) weeks from today. A copy of the order so passed on the representations of the petitioners shall be communicated to the petitioners.

5.1. Needless to say that, if, the petitioners are aggrieved, they will be at liberty to assail the same, albeit, in accordance with law.

6. The writ petitions are disposed of accordingly. Parties are left to bear their own costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kk To

1. The Chief Secretary to the Government of Puducherry The Union Territory of Puducherry, Secretariat, Goubert Avenue, Puducherry.

2. The Secretary, Department of Finance, The Government of Puducherry, Secretariat, Goubert Avenue, Puducherry.

3. The Secretary, Department of Law, The Government of Puducherry, Secretariat, Goubert Avenue, Puducherry.

4. The Chief Judge, District Court, Judicial Department, Integrated Court Complex, Puducherry.

+1 cc to M/s.Adithya Advocate sr 80560 W.P.Nos.4133 & 4134 of 2017 aa15/12/2017