P.Suresh v. The Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN 1.
P.Suresh M.Palanivel G.Rameshkumar S.Ravikumar V.Periyasamy 6.
K.Subramanian 7.
R.Veluchamy 8.
S.Elamurugan 9.
M.Maruthachalam 10.
V.Gowthaman 11.
A.Murugesan 12.
T.Parthiban 13.
K.S.Ramesh 14.
K.Navaneethan 15.
V.Sutha 16.
N.Yuvaraja 17.
V.Parthiban 18.
R.Senthilkumar 19.
K.Govindarajan 20.
B.M.Kumar 21.
E.Vikramathithan 22.
M.Sukumar 23.
A.Sathyaseelan 24.
B.Sathyanarayanan 25.
C.Sunitha 26.
R.Vinothkumar 27.
V.Nagarajan 28.
K.Parthasarathi 29.
S.Babu 30.
M.Gokulraj ... Petitioners Vs.
1.
The Additional Chief Secretary to Government, Finance (Pay Cell) Department, Government of Tamilnadu, Fort St. George, Chennai 600 009.
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The Agriculture Production Commissioner/ Principal Secretary to Government, Agriculture Department, Fort St. George, Chennai 600 009.
The Director of Agriculture, Chepauk, Chennai 600 005.
The Director of Horticulture, Chepauk, Chennai 600 005.
The Director of Agricultural Marketing & Agri Business, Thiru.V.K.Industrial Estate, Guindy, Chennai 600 032.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the Respondents to re-fix the Petitioners' basic pay as Rs.7,440/- instead of Rs.5,200/- from the date of joining of the Petitioners as Assistant Agricultural Officers and Assistant Horticultural Officers in accordance with VI Central Pay Commission entry pay fixation method and consequently direct the Respondents to grant all consequential benefits including arrears of pay and allowances by considering the Petitioners' representation dated 05.02.2021.
For Petitioners :
Mr.M.Vallinayagam, Senior Counsel for Mr.M.Gnanagurunathan For Respondents :
J.Pothiraj, Special Government Pleader
O R D E R
Petitioners have come up with the present Writ Petition seeking a direction to the Respondents to re-fix their basic pay as Rs.7,440/- instead of Rs.5,200/- from the date of their joining as Assistant Agricultural Officers and Assistant Horticultural Officers in accordance with VI Central Pay Commission entry pay fixation method and for a consequential direction to the Respondents to grant all consequential benefits Page No.2 of 4
including arrears of pay and allowances by considering their representation dated 05.02.2021.
It is stated by the Petitioners that, they have filed their objections to Chief Minister's Cell on 07.05.2018 regarding the vertical cell difference of 11 stages between them and the candidates appointed in the year 2009 in the pay matrix which is mentioned in Schedule III of Tamil Nadu Revised Scale of Pay Rules, 2017, which is causing great difference in the scale of pay.
Heard the learned counsel on either side and perused the material documents available on record.
Considering the facts and circumstances of the case, this Court directs the Respondents herein to consider the representation dated 05.02.2021 made by the Petitioners herein as regards re-fixation of their basic pay, on merits and in accordance with law and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AEB To:
1.
The Additional Chief Secretary to Government, Finance (Pay Cell) Department, Government of Tamilnadu, Fort St. George, Chennai 600 009.
The Agriculture Production Commissioner/ Principal Secretary to Government, Agriculture Department, Fort St. George, Chennai 600 009.
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The Director of Agriculture, Chepauk, Chennai 600 005.
The Director of Horticulture, Chepauk, Chennai 600 005.
The Director of Agricultural Marketing & Agri Business, Thiru.V.K.Industrial Estate, Guindy, Chennai 600 032.
+1cc to Mr.M.Gnanagurunathan, Advocate, S.R.No.16311 PMK (CO) TE (17/04/2021) Page No.4 of 4