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Madras High CourtWP/6037/2025disposed of

M.Nazir Ahamed v. The State Of Tamil Nadu

2025-04-15Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.6037 of 2025 M.Nazir Ahamed .. Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Home (Fire Service) Department, Secretariat, Chennai - 9.

2.The Director, Directorate of Fire and Rescue Services, No.7, Rukmani Road, Egmore, Chennai - 8.

3.The Joint Director of Fire and Rescue Services, (Training and Rescue Services) State Training Centre, Thambaram, Chennai - 47.

4.The Accountant General (A & E), Teynampet, Chennai - 18.

5.Mr.P.Palayakaran .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying

to issue a Writ of Mandamus, directing the respondents 1 and 2 to rectify the pay anomaly on par with petitioner's junior Mr.P.Palayakaran and to revise the pension and pay arrears of pension to the petitioner based on the recommendation letter of the 3rd respondent in Na.Ka.No.214/Aa/2023 dated 06.03.2023.

For Petitioner .. Mr.S.N.Ravichandran For K.Arumugam For R1 to R3 .. Ms.A.Bakkiyalakshmi, Govt Advocate For R4 .. Mr.T.Ravikumar, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the 2nd respondent, Director, Directorate of Fire and Rescue Services, Chennai, to pass appropriate orders on the recommendation letter issued by the 3rd respondent in Na.Ka.No.214/Aa/2023 dated 06.03.2023. The petitioner seeks to rectify the pay anomaly in parity with his junior P.Palayakaran. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been selected as Fireman on 27.05.1977 and later promoted as

Fireman Driver on 01.04.1993 and further promoted as leading Fireman on 22.01.1995. The post was upgraded as Assistant Station Officer on 16.07.2005. The petitioner was then promoted as Assistant Station Officer on 20.02.2008 and further promoted as Station Officer on 26.12.2008. The petitioner retired on attaining the age of superannuation on 31.05.2009. He has now receiving his pension.

3.The petitioner claims that his junior P.Palayakaran was appointed as Fireman on 28.05.1977 and promoted as Leading Fireman on 12.08.1995 and as Station Officer on 26.12.2008 and was permitted to retire on attaining the age of superannuation on 31.12.2008. The petitioner's pay had been fixed at Rs.5700/- in the scale of Rs.5000-150-8000 when he was promoted as Station Officer. His junior P.Palayakaran's pay was fixed at Rs.5600/- in the scale of 5000-150-8000. His pay was Rs.100/- less than the petitioner. But later, the petitioner came to know that his junior is receiving Rs.1000/- more as pension. Therefore, the petitioner given a representation seeking parity of pay. 4.The 3rd respondent had given a recommendation to the 2nd respondent by proceedings in Na.Ka.No.214/Aa/2023 dated 06.03.2023. The writ petition has

been filed seeking a direction on the 2nd respondent to pass appropriate orders on the said recommendation of the 3rd respondent. 5.Heard both sides.

6.A direction is given to the 2nd respondent to examine that particular recommendation of the 3rd respondent dated 06.03.2023 in Na.Ka.No.214/Aa/2023 and examine the service records of the petitioner, M.Nazeer Ahmed, and also of his Junior, P.Palayakaran, and examine as to why there was difference in the pension received by the junior which was higher than the pension received by the petitioner herein and restore pay parity to the petitioner herein. Necessary orders must be passed within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs 15.04.2025 Index:Yes/No Internet:Yes/No smv To 1.The Secretary to Government,

Home (Fire Service) Department, Secretariat, Chennai - 9.

2.The Director, Directorate of Fire and Rescue Services, No.7, Rukmani Road, Egmore, Chennai - 8.

3.The Joint Director of Fire and Rescue Services, (Training and Rescue Services) State Training Centre, Thambaram, Chennai - 47.

4.The Accountant General (A & E), Teynampet, Chennai - 18.

C.V.KARTHIKEYAN,J.

smv

W.P.No.6037 of 2025 15.04.2025