Y.Rani v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2023
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.3871 of 2021 & 3259 of 2022 Y.Rani ... Petitioner Vs.
1.The Principal Secretary to Commercial Tax Department, Fort St.George, Chennai - 9.
2.The Deputy Commissioner (Commercial Tax), Vellore Commercial Tax District, Vellore Post & District.
3.The Assistant Commercial Tax Commissioner, Office of Commercial Tax Office, Vellore Post & District.
4.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 5.
5.The Principal Secretary to Finance Department, Fort St. George, Chennai - 9.
... Respondents 1/6
PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of 1st respondent dated 10.08.2021 issued in G.O.(2D) No.29 Commercial Tax and Registration (A1) Department and quash the portion in respect of restricting the monetary arrears with effect from 10.08.2021 alone and consequently to direct the 1st respondent to pay the regular time scale of pay of Rs.4800-10000-1300 (G.P) to the petitioner from the date of her initial appointment (19.01.1995) or if not possible at least from the date (19.01.2005) on which her service was regularized along with accrued arrears. [Prayer amended vide order dated 07.12.2022 made in W.M.P.No.21451 of 2021 in W.P.No.3386 of 2021] For Petitioner :
Mr.P.I.Thirumoorthy For Respondents 1 to 4 :
M/s.K.Vasantha Mala Government Advocate For Respondent 5 :
Mr.R.U.Dinesh Rajkumar Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the proceedings of the 1st respondent dated 10.08.2021 issued in G.O.(2D) No.29 Commercial Tax and Registration (A1) Department, in respect of restricting the monetary arrears with effect from 10.08.2021 alone and consequently, to direct the 1st respondent to pay 2/6
the regular time scale of pay of Rs.4800-10000-1300 (G.P) to the petitioner from the date of her initial appointment (19.01.1995) or from the date of her regularization i.e., from 19.01.2005, along with accrued arrears.
2. Heard Mr.P.I.Thirumoorthy, learned counsel for the petitioner, M/s.K.Vasantha Mala, learned Government Advocate appearing for the respondents 1 to 4 and Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader appearing for the fifth respondent.
3. Learned counsel for the petitioner would submit that subsequent to the filing of this writ petition, G.O.(2D).No.29, Commercial Tax and Registration (A1) Department, dated 10.08.2021 has been issued regularizing the petitioner from 19.01.2005, on completion of ten years from the date of her initial appointment and restricting the monetary arrears to be paid only from the date of the aforesaid G.O. i.e., from 10.08.2021. In view of passing of the aforesaid G.O., the prayer sought for in this writ petition has been amended at the instance of the petitioner by challenging the said G.O. only in respect of the portion restricting payment of monetary arrears only from the date of passing of the G.O. and seeking for a direction to the respondents to pay the same either from the date of her initial appointment or from the date of her regularization. 3/6
4. No prejudice would be caused to the respondents, if the petitioner is allowed to give a fresh representation requesting for payment of monetary benefits from the date of her appointment and on receipt of the said representation, a direction is issued to the respondents to consider the same on merits and in accordance with law, within a time frame to be fixed by this Court. 5.For the foregoing reasons, this Court without expressing any opinion on the merits of the case, directs the petitioner to give a fresh representation to the respondents requesting for payment of her monetary benefits from the date of her initial appointment within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the second respondent is directed to pass final orders on merits and in accordance with law, within a period of twelve weeks thereafter. No Costs. Consequently, the connected miscellaneous petitions are closed.
10.01.2023 Index : Yes/No Speaking Order : Yes / No sp/nl 4/6
To 1.The Principal Secretary to Commercial Tax Department, Fort St.George, Chennai - 9.
2.The Deputy Commissioner (Commercial Tax), Vellore Commercial Tax District, Vellore Post & District.
3.The Assistant Commercial Tax Commissioner, Office of Commercial Tax Office, Vellore Post & District.
4.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 5.
5.The Principal Secretary to Finance Department, Fort St. George, Chennai - 9.
5/6
ABDUL QUDDHOSE. J., sp 10.01.2023 6/6