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Madras High CourtWP/826/2017disposed of

C.M.Veluswamy, v. The Govt Of Tamilnadu

2017-08-02Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.826 of 2017

1. C.M.Velusamy

2. K.Palanisamy

3. V.Nagaveni

4. V.Rajaram

5. A.Sankarapandian

6. S.Vallinayagam

7. N.Mylswamy

8. V.Kandasamy

9. Siluvai Anthony 10.V.Balasubramaniam 11.C.Thirumalaisamy 12.C.Natarajan 13.T.Ponnusamy 14.A.Alagarsamy .. Petitioners vs.

1.The Government of Tamil Nadu Represented by its Principal Secretary to Government, Finance (Pay Cell) Department, Fort St. George, Chennai-600 009.

2.The Government of Tamil Nadu Represented by its Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-600 009.

3.The Commissioner of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai-600 015.

4. The District Collector (PD Section), Tirupur District, Tirupur.

5.The District Collector (PD Section), Coimbatore District, Coimbatore.

.. Respondents The Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to revise the scales of pay of the petitioners as per G.O.Ms.No.71, (Finance) Pay Cell, dated 26.2.2011, in accordance with the directions given in Para 51(vi) of the judgment rendered by Division Bench of this Hon'ble Court in W.A.No.504 of 2013 dated 27.2.2014 with all consequential benefits such as revised pension, arrears of pension and salary if any.

For Petitioners : Mr.V.Suthakar For Respondents : Mr.K.Dhananjayan, Special Government Pleader.

ORDER

The relief sought for in the writ petition is for a direction to direct the respondents to revise the scales of pay of the petitioners as per G.O.Ms.No.71, Finance (Pay Cell) Department, dated 26.2.2011, in accordance with the directions given in Para 51(vi) of the judgment rendered by Division Bench of this Court in W.A.No.504 of 2013 dated 27.2.2014.

2. In this regard, the learned Special Government Pleader, appearing on behalf of the respondents, stated that the order passed in the Writ Appeal was confirmed by the Hon'ble Supreme Court of India in SLP (Civil) No.12355 of 2014 on 16.1.2015.

3. Thus, this Court is of the view that the eligibility of the writ petitioners are also to be decided to avail the benefit of G.O.(Ms) No.71, Finance (Pay Cell) Department, dated 26.2.2011. In this view of the matter, the writ petitioners are directed to submit a detailed representation, enclosing the copy of G.O.(Ms) No.71, Finance (Pay Cell) Department, dated 26.2.2011 and the order of the Hon'ble Division Bench of this Court dated 27.2.2014 in W.A.No.504 of 2013. On receipt of such representation from the writ petitioners, the respondents are directed to consider the same on merits and in accordance with law, within a period of 12 weeks thereafter. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. 02.08.2017 Speaking Order/Non-Speaking Order.

Index : Yes/No.

Internet : Yes/No.

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S.M.SUBRAMANIAM, J.

cgi To 1.The Principal Secretary to Government, The Government of Tamil Nadu Finance (Pay Cell) Department, Fort St. George, Chennai-600 009.

2. The Secretary to Government, The Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-600 009.

3.The Commissioner of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai-600 015.

4. The District Collector (PD Section), Tirupur District, Tirupur.

5.The District Collector (PD Section), Coimbatore District, Coimbatore.

W.P.No.10325 of 2017 02.08.2017