P.Athisivam v. A.Anthonydoss, Hg 84

CMP.No.3434 of 2023 in WA.SR.No.15471 of 2023 R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

(Order of the court was made by R.Mahadevan, J.) This petition is filed by the petitioners / third parties seeking to grant leave to file a Writ Appeal against the order dated 01.12.2022 passed in WP.No.11840 of 2018.

2.The learned counsel appearing for the appellants submitted that the learned Judge failed to consider the relevant materials and the communications of the Government of India in the matter of payment of wages payable to the Home Guards, which is applicable throughout the country; and that, the learned Judge had virtually closed the doors in respect of the Home Guards either in the matter of increased call outs or in the payment of enhanced duty allowance; and hence, the appellants, who are Home Guards working in the organization, were looking upon the verdict in the writ petition, but as a result of the order of the learned 1/3

Judge, Home Guards numbering 16000 were put to great injustice in the matter of payment of duty allowance to the Home Guards. Thus, according to the learned counsel, the petitioners/appellants are the similarly placed persons like the petitioners in WP.No.11840 of 2018 and affected by the order of the learned Judge dated 01.12.2022 and therefore, the petitioners / appellants may be permitted to file an appeal against the said order of the learned Judge. 3.Considering the reasons stated in the affidavit filed in support of this petition coupled with the submissions of the learned counsel of the petitioners/appellants, this Court is inclined to grant leave as sought for herein. Accordingly, this petition is ordered.

4.Registry is directed to number the appeal, if it is otherwise in order and list the same for admission.

[R.M.D., J.] [M.S.Q., J.] 28.02.2023 av 2/3

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

av CMP.No.3434 of 2023 in WA.SR.No.15471 of 2023 28.02.2023 3/3