K.Kalavathy, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2017
CORAM:
THE HONOURABLE Mr. JUSTICE T.RAJA W.P.No.7509 of 2017 1.K.Kalavathy 2.C.Devaki 3.A.Krishnaveni .. Petitioners Vs.
1. The Secretary to Government of Tamil Nadu Department of School Education Fort St.George, Chennai - 600 009.
2. The Director of Public Libraries Government of Tamil Nadu Office of the Director of the Public Libraries Anna Salai, Chennai - 600 002.
3. The District Library Officer Chengalpet Kanchipuram District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to grant special time scale of pay of Rs.1300-3000+Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010 with all consequential service and monetary benefits.
For Petitioner : Mr.M.Purushothaman For Respondents : Mr.P.Sanjay Gandhi Additional Government Pleader
ORDER
The petitioner has filed this Writ Petition seeking a direction to the respondents to grant special time scale of pay as per G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010 with all consequential service and monetary benefits.
2. The petitioners are working as Part-time Sweepers in the office of the District Library, Chengalpet, Kanchipuram District, on consolidated pay for more than 10 years. The grievance of the petitioners is that they were not granted the special time scale of pay as per the G.O.Ms.No.385/Finance (Pay
Cell) Department dated 01.10.2010 and other monetary benefits, which they are entitled to. According to the petitioners, the third respondent vide his proceedings Na.Ka.No.13/A/2016 dated 15.06.2016 had fixed the special time scale of pay to the other part-time sweepers, who were similarly placed in the said office, but, the said benefit has not been granted to them. Hence, the petitioners have made independent representations on 17.01.2017 and 18.01.2017 respectively, to the respondents seeking to consider the special time scale of pay as per the said G.O.Ms.No.385 dated 01.10.2010.
But the said representations have not been considered by the respondents. Therefore, the petitioners are before this Court in this Writ Petition.
4. Mr.P.Sanjay Gandhi, learned Additional Government Pleader takes notice for the respondents and sought eight weeks time to consider the petitioners' representations.
5. This Court, considering the limited relief sought for in this writ petition, without going into the merit of the case, hereby directs the petitioners to submit a fresh representation along with a copy of the earlier representations to the respondents 2 and 3 within a period of one week and thereupon, on the receipt of the same, the respondents 2 and 3 are directed to consider the said representations made by the petitioners and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
With the above directions, this Writ Petition is disposed of. No Costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ds To:
1. The Secretary to Government of Tamil Nadu Department of School Education Fort St.George, Chennai - 600 009.
2. The Director of Public Libraries Government of Tamil Nadu Office of the Director of the Public Libraries Anna Salai, Chennai - 600 002.
3. The District Library Officer Chengalpet Kanchipuram District.
+2ccs to Mr.M.Purusothaman, Advocate, S.R.No.19163 +1cc to the Government Pleader, S.R.No.19638 W.P.No.7509 of 2017 rsy(co) rmp(08/05/17)