G.Mariyammal v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.3894 of 2020 G.Mariyammal ... Petitioner -Vs1. The Government of Tamil Nadu, Rep. By Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.

2. The Director of Public Libraries, Annasalai, Chennai 600 002.

3. The District Library Officer, Vellore District, Vellore.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant Special Time scale of pay to the petitioner as per the G.O.Ms.No.385 Finance (Pay Cell) Department dated 01.10.2010, from the date of completion of three years period of service as part time sanitary worker with arrears.

For Petitioner : Mr.R.Saseetharan For Respondents : Mr.K.Prameswaran Government Advocate

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to grant Special time scale of pay as per G.O.Ms.No.385 dated 01.10.2010.

2.

The case of the petitioner is that she was appointed as a Sanitary worker on Consolidated pay in the year 1985. She worked till the year 2015 without being

regularized in the same position. Through out, she was only paid the consolidated pay without any time scale of pay and without any yearly increase.

3.

The further case of the petitioner is that as per G.O.Ms.No.385 dated 10.10.2010, the petitioner is entitled for special time scale of pay once she had completed three years period. The petitioner further states that the respondents have granted such special time scale of pay to various other persons, who are similarly placed and who obtained orders of this Court.

4.

The petitioner had made a representation in this regard to the respondents dated 18.12.2018. Since the same did not evoke any response, the present writ petition has been filed before this Court, seeking for appropriate directions.

5.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 18.12.2018 and pass appropriate orders strictly in accordance with law and in accordance with G.O.Ms.No.385 dated 10.10.2010, within a period of 12 weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along copy of earlier representation dated 18.12.2019 and also a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar rka To

1. The Government of Tamil Nadu, Rep. By Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.

2. The Director of Public Libraries, Annasalai, Chennai 600 002.

3. The District Library Officer, Vellore District, Vellore.

+1cc to Mr.R.Saseetharan, Advocate, S.R.No.14331 +1cc to the Government Pleader, S.R.No. 15138 W.P.No.3894 of 2020 PVS(CO) Maya (29/05/2020)