D.Vincent, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.02.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.3872 of 2018 1.D.Vincent
2. A.Elangovan
3. V.Srinivasan
4. A.Rathinavelu
5. T.K.Balasubramanian
6. M.Padmanaban
7. R.Sangapillai
8. D.Natesan
9. V.Santhanam 10.S.Nallusamy 11.SP.Subramaniyam 12.C.Marudhai 13.B.Khaleel 14.B.Mohamed Jaffer 15.T.Subramanian 16.P.Somasundaram 17.M.Karuppasamy 18.K.Syed Basheer Ahamed 19.V.Sampath Kumar 20.A.Ganesan 21.N.Jayakumar 22.C.Velappan 23.N.Ramanathan 24.R.Chandrasekaran 25.K.Krishnan 26.R.Bakthavachalam 27.R.Varatharajan 28.C.Kumaravel 29.G.Narasan 30.B.Prathap Shing 31.V.P.Ramasamy 32.R.Dhanakodi 33.A.Muthumani 34.R.Sivalingam 35.V.Perumal 36.M.Periyannan 37.M.Ramasamy 38.K.Elavarasan 39.U.Periyasamy 40.P.V.Natesan 41.M.Mariyappan
42.D.Sidharaj 43.H.M.Manickam 44.M.Ameer John 45.R.Murugan 46.M.Vedapuri 47.P.Subramanian 48.A.K.Shanmugam 49.A.Jayabalan 50.K.Suntharavadivelu 51.D.Renganathan 52.D.Kamalakannan 53.P.Perumal 54.R.Munavar Sharief 55.P.Rajenderan 56.K.Rajasekaran 57.M.Narayanasamy 58.R.A.Dhatchanamurthy 59.M.Shanmugam 60.R.Jayaraman 61.K.Venkataraman 62.A.Shanmugam 63.K.Karthalingam 64.V.Kannusamy 65.S.Prakasam 66.S.Venkatesan 67.K.Anbalagan 68.R.Pandu 69.Moorthy 70.P.Soundararajan 71.T.Mohan 72.M.Ramasamy 73.D.Sukumaran 74.M.Ramachanderan 75.G.Pungavanam 76.G.Vengateeswaran 77.M.Amaranathan 78.P.Paramasivam 79.K.Chandrasekaran
...Petitioners
Versus
1. The Government of Tamil Nadu rep. by the Additional Chief Secretary to Government, Highways and Minor Ports Department, Fort St. George, Chennai-9.
2.The Government of Tami Nadu rep. by The Additional Chief Secretary to Government, Finance Department, Fort St. George, Chennai-9.
3.The Director General, Highways Department, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai-25.
4. Accountant General (A&E), Tamil Nadu, No.361, Anna Salai, Chennai-18.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to issue a G.O. in favour of the petitioners herein in terms of G.O.Ms.No.250 dated 21.3.1994 issued by the Department of Finance and consequently, direct the 3rd respondent to refix the pay of the petitioners herein in terms of the same and other precedents of fixation made in analogous cases mentioned any pay the arrears of pay and allowances, pension, DCRG, Commutation of Pension, Surrender Leave Salary etc. with costs and interest thereon at 18% p.a. from the day the amount became due.
For Petitioner : Ms.C.S.Monica For Respondents : Mr.V.Jayaprakash Narayanan, 1 to 3 Special Government Pleader
O R D E R
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to issue a G.O. in favour of the petitioners herein in terms of G.O.Ms.No.250 dated 21.3.1994 issued by the Department of Finance and consequently, direct the 3rd respondent to refix the pay of the petitioners herein in terms of the same and other precedents of fixation made in analogous cases mentioned any pay the arrears of pay and allowances, pension, DCRG, Commutation of Pension, Surrender Leave Salary etc. with costs and interest thereon at 18% p.a. from the day the amount became due.
2.
Learned Counsel for the petitioners submitted that the petitioners are all retired employees of the Highways Department who retired from service from the post of Road Inspectors. According to them, the Government issued G.O.(Ms.)No.250, Finance (CMFC) Department dated 21.3.1994 only in respect of Work Inspectors working in the Public Works Department wherein
protection of pay was accorded to them. But, the petitioners herein who were working as Road Inspectors in Highways Department were not given such pay protection in spite of the fact that they were always considered on par with the Work Inspectors of PWD wherein the scale of pay, nature of work, rules governing their service conditions were always equal and various Government Orders have been issued by the Government of Tamil Nadu would prove the said fact. Therefore, the present Writ Petition has been filed.
3.
Heard the learned Special Government Pleader, who takes notice for the respondents 1 to 3.
4.
At the outset, when the petitioners herein were retired from service almost 18 to 20 years ago from the Highways Department as Road Inspectors and they continuously slept over the matter for the past 18 to 20 long years and only making a comparison with the Work Inspector in the Public Works Department, they have now filed the present Writ Petition to issue a direction for passing a similar Government Order like G.O.Ms. No.250, Finance (CMFC) Department dated 21.3.1994 issued by the Department of Finance with a consequential direction to refix their pay. It is not known how such a prayer can be made with such a huge delay when the petitioners are all retired employees. When they were all in service, during that period, they should have asked for pay protection as per the said Government Order issued in G.O.(Ms.)No.250, Finance (CMFC) Department dated 21.3.1994 then and there. But without doing so from 1994, the petitioners cannot come to this Court with this writ Petition at this stage. Therefore, the writ petition is liable to be dismissed.
5.
In the result, the Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar tsi To
1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Highways and Minor Ports Department, Fort St. George, Chennai-9.
2. The Additional Chief Secretary to Government, Government of Tami Nadu, Finance Department, Fort St. George, Chennai-9.
3.The Director General, Highways Department, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai-25.
4. The Accountant General (A&E), Tamil Nadu, No.361, Anna Salai, Chennai-18.
+1cc to Mr.C.S.Monica, Advocate SR.No.13007 +1cc to Government Pleader SR.No.13688 W.P.No.3872 of 2018 SSV(CO) GN(14/03/2018)