B. Selvam v. Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2018
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.Nos.1709 to 1712 of 2014 and and M.P.Nos.1, 1, 1 and 1 of 2014 and C.M.P.Nos.15981 to 15984 of 2016 W.A.No.1709 of 2014:
B.Selvam ...
Appellant -vs- Chennai.
Thiruvarur.
...
Respondents W.A.No.1710 of 2014:
Velusamy ...
Appellant -vs- Chennai.
...
Respondents W.A.No.1711 of 2014:
K.Murugesan ... Appellant -vs-
Chennai.
Thirupur District.
...
Respondents W.A.No.1712 of 2014:
R.Balakrishnan ...
Appellant -vs- Chennai.
...
Respondents Appeals filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.15798, 15799, 15800 and 27369 of 2010 respectively, dated 17.10.2012. W.P.No.15798, 15799, 15800 and 27369 of 2010:- Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to implement the Board Order B.P.Ms.No.505, dated 12.12.1986 and grant all the benefits in accordance with the board order.
For Appellant ::
Mr.S.Ayyadurai for in all appeals Mr.S.Muthukrishnan For Respondents ::
Ms.S.Thamizharasi in all appeals COMMON JUDGMENT (Delivered by HULUVADI G.RAMESH, J.) The appellants in these appeals have filed writ petitions before this Court in W.P.Nos.15798 to 15800 and 27369 of 2010 respectively, for a Writ of Mandamus directing the respondents to implement the Tamil Nadu Water & Drainage Board's Order made in B.P.Ms.No.505 dated 12.12.1986 and grant all the benefits in
accordance with the Board's order.
2.The matter pertains to implementation of the IV Pay Commission Report in respect of the employees of the Tamil Nadu Water and Drainage Board. The learned single Judge, considering the facts and circumstances of the case, dismissed the writ petitions by order dated 17.10.2012 on the ground that the appellants herein, having accepted a different pay scale on the basis of a particular Board Proceedings, cannot turn around at this point of time and make a claim to obtain the benefits of the earlier Board Proceedings. We have no second opinion over this finding rendered by the learned single Judge. 3.But the learned counsel for the appellants has submitted that in respect of some of the employees, wages have been refixed. In this connection, he referred to the proceedings dated 21.11.2012 which has been enclosed in Page No.60 of the typed set of papers and submitted that the said document has not been brought to the notice of the learned single Judge, by the Department. The learned counsel for the respondents has not objected the said submission.
4.In these circumstances, liberty is granted to the appellants to approach the learned single Judge by way of filing appropriate application to review the order passed by the learned single Judge and to pass appropriate orders, after taking note of the said document.
5.The writ appeals are disposed of accordingly. No costs. Consequently the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar km To Tamil Nadu Water & Drainage Board, Chennai.
Thiruvarur.
3. The Executive Engineer,
4. The Executive Engineer, Thirupur District.
+2ccS to Mr.S.Muthukrishnan, Advocate, S.R.No.52325 W.A.Nos.1709 to 1712 of 2014 and and M.P.Nos.1, 1, 1 and 1 of 2014 and C.M.P.Nos.15981 to 15984 of 2016 KJI(CO) CS/20/08/18