← Library
Madras High CourtWP/10963/2016disposed of

S.Sivakumar, v. State Of Tamilnadu Rep. By

2016-05-12Honourable Mr Justice M.V. Muralidaran3 pages

In the High Court of Judicature at Madras Dated: 12.05.2016 Coram:

The Honourable Mr.Justice M.V.MURALIDARAN Writ Petition No.10963 of 2016 and W.M.P.Nos.9555 and 15657 of 2016 1 S.Sivakumar 2 V.U.Kuppusamy 3 V.Arulvanithan 4 O.Nagarajan 5 C.Kamalakkannan 6 R.Thirumangai Alwar 7 S.Pazhanivel 8 G.B.Vadivelu 9 R.Mohanakrishnan 10 G.Ravi ... Petitioners

Versus

1 State of Tamilnadu Rep. by The Secretary to Government Transport Department Secretariat Chennai-9.

2 The Secretary to Government Finance (Pay Cell) Department Secretariat Chennai-9.

3 The Director Motor Transport Maintenance Department Ashok Nagar Chennai-83.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay personal pay off 5% of pay to the petitioners also held the post of Electrician Grade II as on 1.8.92 in the light of the order of this Hon'ble Court in W.P.No.7655/06/ dated 17.02.2010, the Government Letter in Letter No.45250/CMPC/2011-1 dated 2.7.12 and also the Government order in G.O.Ms.No.143, Finance (Pay Cell) Department, dated 3.6.2014 with all the benefits.

For Petitioner .. Mr.R.Singaravelan Senior Counsel for M/s.M.Srividhya For Respondents 1 to 3 .. Mr.R.Vijayakumar Additional Government Pleader

ORDER

Mr. R.Vijayakumar, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the Writ Petition itself is taken up for disposal.

2.

Though the prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to pay personal pay of 5% to the petitioners also held the post of Electrician Grade II as on 1.8.92 in the light of the order of this Hon'ble Court in W.P.No.7655/06/ dated 17.02.2010, the Government Letter in Letter No.45250/CMPC/2011-1 dated 02.07.2012 and also the Government order in G.O.Ms.No.143, Finance (Pay Cell) Department, dated 03.06.2014 with all the benefits, when the matter is taken up, the learned counsel for the petitioner submitted that it would suffice if the first respondents is directed to consider the petitioner's representations dated 27.01.2015, 22.12.2015 and 27.02.2016 and pass orders on the same within the time frame.

3.

This Court, considering the limited prayer now sought for by the petitioner, directs the first respondent to consider the representation of the petitioner dated 27.02.2016, in the light of the order of this Hon'ble Court in W.P.No.7655/06/ dated 17.02.2010, the Government Letter in Letter No.45250/CMPC/2011-1 dated 02.07.2012 and also the Government order in G.O.Ms.No.143, Finance (Pay Cell) Department, dated 03.06.2014 and after affording reasonable opportunity of personal hearing to the petitioner if necessary, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

4.

The Writ Petition is disposed of accordingly. No costs. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To

1. The Secretary to Government Transport Department Secretariat Chennai-9.

2 The Secretary to Government Finance (Pay Cell) Department Secretariat Chennai-9.

3 The Director Motor Transport Maintenance Department Ashok Nagar Chennai-83.

1 cc to M/s.M. Srividhya, Advocate, SR. 6956 (19/05/2016) Writ Petition No.10963 of 2016 and W.M.P.Nos.9555 and 15657 of 2016 nr(CO) srg(18/05/2016)