Madras High CourtWP/9474/2017disposed of

N.Thangaraj v. The Government Of Tamil Nadu

2017-04-19Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.9474 to 9476 of 2017 N.Thangaraj ..

Petitioner in W.P.No.9474 of 2017 B.Ravichandran ..

Petitioner in W.P.No.9475 of 2017 R.Ravikumar ..

Petitioner in W.P.No.9476 of 2017 -vs1. The Government of Tamil Nadu rep.by the Principal Secretary to Government Finance (Pay Cell) Department Fort St.George, Chennai 600 009

2. The Member Secretary Tamil Nadu Pollution Control Board 76, Anna Salai, Guindy Chennai 600 032 .. Respondents in all the writ petitions W.P.No.9474 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 21.02.2014 followed by another representation dated 8.2.2016 requesting for fixation of pay in the Pay Band of Rs.5200-20200+Grade Pay Rs.2400 (Ordinary Grade) and PB Rs.9300-34800+Grade Pay Rs.4200 with effect from 12.02.2009 and pass appropriate orders thereon within a time limit to be prescribed by this Hon'ble Court. W.P.No.9475 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 8.2.2016 requesting for fixation of pay in the Pay Band of Rs.5200-20200+Grade Pay Rs.2400 and pass appropriate orders thereon within a time limit to be prescribed by this Hon'ble Court.

W.P.No.9476 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 1.10.2015 followed by another representation dated 8.2.2016 requesting for fixation of pay in

the Pay Band of Rs.5200-20200+Grade Pay Rs.2400 (Ordinary Grade) and PB Rs.9300-34800+Grade Pay Rs.4200 with effect from 12.02.2009 and pass appropriate orders thereon within a time limit to be prescribed by this Hon'ble Court. For Petitioners::Mr.P.Rajendran For Respondents::Mr.T.M.Pappiah Special Government Pleader for R1

ORDER

The petitioners were appointed as Field Assistants on 12.2.99, 17.2.2012 & 2.12.99 in the respective offices under the control of the second respondent Tamil Nadu Pollution Control Board. Subsequently, since the pay scale of Junior Assistant/Typist was revised to PB Rs.5200-20200+Grade Pay Rs.2000/- on notional basis from 1.1.2006 with monetary benefits from 1.1.2007, on the representation submitted by the employees associations, the scale of pay of Junior Assistant/Typist was again revised to Rs.5200-20200+Grade Pay Rs.2400/- with effect from 1.1.2006 on notional basis and monetary benefits from 1.2.2011 vide G.O.Ms.No.45, Finance (Pay Cell) Department dated 10.2.2011. Subsequently, G.O.Ms.No.63, Finance (Pay Cell) Department dated 26.2.

2011 was issued stating that the pay scale of Laboratory Assistants who were receiving pay in the PB Rs.5200-20200+Grade Pay Rs.2000/- be revised to Rs.520020200+Grade Pay of Rs.2400/-. Since similar benefits were also given to the Drivers working in all the departments by revising their Grade Pay to Rs.2400 in the PB Rs.5200-20200 vide G.O.Ms.No.65, Finance (Pay Cell) Department dated 26.2.2011, the said benefit has been denied to the petitioners, who are working as Field Assistants. In the meanwhile, the petitioners in W.P.Nos.9474 & 9476 of 2017 have also moved to the Selection Grade in the post of Field Assistant on 12.2.2009 & 1.12.2008 respectively. Therefore, all these petitioners have given representations on 8.2.2016 to revise their pay. As the said representations have not been considered, they have approached this Court.

2. Mr.T.M.Pappiah, learned Special Government Pleader, taking notice on behalf of the first respondent, sought reasonable time to consider the representations of the petitioners.

3. In view of the above, the respondents are hereby directed to consider the representations of the petitioners on merit and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. With this direction, the writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ss To

1. The Principal Secretary to Government Finance (Pay Cell) Department Fort St.George Chennai 600 009

2. The Member Secretary Tamil Nadu Pollution Control Board 76, Anna Salai, Guindy Chennai 600 032 +3ccs to Mr.P.Rajendran, Advocate, S.R.No.24181,24180,24179 +1cc to the Government Pleader, S.R.No.23841 W.P.Nos.9474 to 9476 of 2017 rk(co0 rmp(05/05/17)