N.Palani, Retd. Office Manager v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.3452 of 2018 1.N.Palani, 2.S.Saraswathi, 3.C.Aruna, 4.Girijasekaran, 5.T.Nalini, 6.M.Palanisamy, 7.R.Maheswari ....Petitioners Vs.
1.The Principal Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, Chennai 600 006.
3.The State Secretary, Bharath Scouts and Guides of Tamil Nadu, Kamarajar Salai, Chennai 600 005.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to extend the recommendations of VI Pay Commission (2006), with arrears thereof pursuant to proposal of 3rd respondent in Na.Ka.No.821/Admn./2015 to the 2nd respondent by disposing of petitioner's representation dated 30.10.2017. For Petitioner : Mrs.Swathi Subramanian for Mr.R.Prem Narayan For Respondents : Mr.C.Munuswamy Special Government Pleader (Education) O R DE R By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.The petitioners are retired employees of the 3rd respondent viz., Bharat Scouts and Guides of Tamil Nadu, which is an organ of Education Department and functioning under the control of Director of School Education viz., the 2nd respondent herein. The petitioners enjoyed the benefits of V Pay Commission recommendations with arrears. Now, they are seeking extension of VI Pay Commission (2006) recommendations for re-fixation of pay and arrears. Though, the 3rd respondent has sent proposals to the 2nd respondent for extending the benefit of VI Pay Commission recommendations to the petitioners, till date it has not been considered. Therefore, they have made joint representation to respondents on 30.10.2017. However, the same was not considered till date. Hence, the petitioners have filed the present writ petition.
3.Heard both sides.
4.The learned counsel for the petitioners on instructions would submit that though the petitioners have sought for a larger relief, it would suffice if a direction is issued to the respondents 1 and 2 to consider the representation of the petitioners dated 30.10.2017, seeking extension of VI Pay commission recommendations for re-fixation of pay and arrears and pass orders, within the stipulated time as fixed by this Court.
5.The learned Additional Government Pleader conceded to the submission made by the learned counsel for the petitioners. 6.Thus, without going into the merits of the case, this Court is inclined to direct the respondents 1 and 2 to consider the representation of the petitioners dated 30.10.2017 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 7.With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar Rm
To 1.The Principal Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, Chennai 600 006.
3.The State Secretary, Bharath Scouts and Guides of Tamil Nadu, Kamarajar Salai, Chennai 600 005.
+1cc to Mr.R.Prem Narayan, Advocate, S.R.No. 82010 +1cc to the Government Pleader, S.R.No. 82292 W.P.No.3452 of 2018 VG I(CO) GN(08/11/2019)