A.Ramanathan, v. The Chairman And Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4654 of 2014 and M.P.No.1 of 2014 1.A.Ramanathan 2.R.Ramesh 3.S.Aron 4.S.Rozario 5.Z.Syed Junaith Ahamed 6.V.Ramesh Kumar 7.N.Mahendiran 8.G.Muruganantham 9.K.Ramachandran 10.A.Jaganatha Raja 11.C.R.Soundararajan 12.V.Kubendran 13.G.Muthuselvan 14.S.Sekar 15.S.Sudalai Veerapandian 16.D.Aron 17.A.Manoharan 18.M.K.Tamil Selvan 19.S.Govindaraju 20.V.Ezhumalai 21.K.Subramanian 22.K.Ravichandran ... Petitioners Vs.
1.The Chairman & Managing Director, 2.The Executive Director, ... Respondents
3 The General Manager(HRM) Indian bank, Corporate Office, Royapattah, Chennai 600 014 Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1 to 3 respondents to consider the representation made by the petitioners on 02.07.2012 and to pay the equal remuneration between the same cadre and armed guards for work of similar nature from the date of appointment.
For Petitioners : Mr.C.Nithysh Sekhar For respondents : Mrs.Reta Chandrasekar for M/s.Aiyar and Dolia
ORDER
This writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation made by the petitioners on 02.07.2012 and to pay the equal remuneration between the same cadre and Armed Guards for work of similar nature from the date of appointment.
2-1.It is stated that the petitioners are Ex-service Men and after retiring from the Indian Military Service, the petitioners have applied for the post of "Peon-cum-Armed Guard" with the respondents-Bank through Ex-service Men Employment Office. After completion of the recruitment process, the petitioners have been appointed to the said post at various places across the State of Tamil Nadu, in the middle of the year 2011 on different dates. Some of the petitioners are working within the Chennai City limit, including the Indian Bank's Corporate Office.
2-2.As per the appointment order issued by the respondents, Basic Pay is fixed at Rs.5,850/- per month, because the petitioners retired from the Army prior to 01.01.2006, at that time the 5th Pay Commission was in force. Recently, the respondent-Bank recruited new Armed Guards and gave the appointment order to the following persons_ (i)R.Deenadayalan, SR.No.4240937 (ii)M.Jesu, SR.No.42355 (iii)R.Jesuraj (iv)P.Srinivasan, SR.No.42335 (v)M.Nagarajan, SR.No.42323 The respondent-Bank fixed their Basic Pay at Rs.11,750/- per month. It is stated by the petitioner that the said persons are very junior to the petitioners and retired from the Army service
after 01.01.2006 and they have been covered by the 6th Pay Commission. Now, the petitioners and the said newly recruited persons are working in the same cadre with similar nature of work under the respondents at the different branches; but they are getting more salary around Rs.6,000/-, than the petitioners under the heads of Basic Pay only. Hence, the petitioners have made representation to the respondents on 02.07.2012; but, no proper reply was received by the petitioners. Hence, the petitioners have come forward with the present writ petition. 3.When the matter is taken up consideration, the learned counsel appearing for the respondents-Bank produced a Circular dated 30.01.2014, issued by the Indian Banks' Association, vide No.
/HR&IR/CIR/2013-14/589/8764, and submitted that the respondent-Bank is prepared to consider the representation of the petitioners in the light of the said Circular. 4.In view of the submission made by the learned counsel for the respondents-Bank, this Court directs the petitioners to give a fresh representation to the 1st respondent with regard to fixation of their pay, along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the 1st respondent is directed to consider the same in the light of the above said Circular, dated 30.01.2014, and to pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter.
With the above direction, the writ petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssv To 1.The Chairman & Managing Director,
2.The Executive Director, 3 The General Manager(HRM) Indian bank, Corporate Office, Royapattah, Chennai 600 014 +1cc to Mr.Aiyar and Dolia, Advocate, S.R.No.59039 +2cc to Mr.C. Nithysh Sekar, Advocate, S.R.No.59233 TRM(CO) md(11/11/2016) W.P.No.4654 of 2014 and M.P.No.1 of 2014