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Madras High CourtWP/29586/2012dismissed

T.Mohan v. The Deputy Secretary

2023-08-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN T.Mohan ... Petitioner -Vs1.The Deputy Secretary to the Government, Finance (Pay Cell) Department, Pay Commission Grievances Redressal, Fort St.George, Chennai - 600 009.

2.The Director, Tamil Nadu State Health Transport Department, Chennai - 600 032.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the first respondent to consider the Petitioner's representation dated 04.05.2012 praying for the grant of pay band of Rs.9300-34800 with grade pay of Rs.4200 to the category of the Special Artisan in the Tamil Nadu State Health Transport Department. For Petitioner : Mr.P.Mohanraj For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

This Writ Petition has been filed for direction directing the first respondent to consider the representation to grant pay band of Rs.9300-34800 with grade pay of Rs.4200 to the category of the Special Artisan in the Tamil Nadu State Health Transport Department.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner was working as Special Artisan in the Office of the second respondent. The posts of Mechanic Grade I, Technical Assistant GradeIII and Assistant Store-Keeper of the Tamil Nadu State Health Transport Department were merged into one category, namely, Fitter Special in the year 1994 in the pay band of Rs.5200-20200 with Grade Pay of Rs.2800/-. The post of Assistant Store-Keeper in other departments which was in the pay band of Rs.5200-20200 with grade pay of Rs.2800/- has been revised the pay band of Rs.9300-34800 with grade pay of Rs.4200/-, as per G.O.Ms.No.338, Finance (Pay Cell) Department dated 26.08.2010. Therefore, the petitioner also claim the said pay band.

4. A perusal of the counter filed by the second respondent revealed that

as per G.O.Ms.No.338, Finance (Pay Cell) Department dated 26.08.2010, the revised scale of pay of technical categories are in all Government Department/Local Bodies. Accordingly, those trade posts having the prerevised scale of pay of Rs.4300-6000 was re-designated as Special Artisan and the pay scale was revised as Rs.5200-20200+2800GP. The pre-revised scale of pay for the post of Assistant Store Keeper in Tamil Nadu State Health Transport Department is Rs.4300-6000 and the said post was re-designated as Special Artisan and the pay scale revised at Rs.5200-20200+GP 2800. The duties and responsibilities of the Fitter Special in Tamil Nadu State Health Transport Department and in other Departments are not one and the same.

5. Therefore, the request made by the petitioner cannot be considered and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs. 24.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To 1.The Deputy Secretary to the Government, Finance (Pay Cell) Department, Pay Commission Grievances Redressal, Fort St.George, Chennai - 600 009.

2.The Director, Tamil Nadu State Health Transport Department, Chennai - 600 032.

24.08.2023