J.Arivazhagan, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-02-2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No. 3610 of 2018 1.J.Arivazhagan 2.K.Abinaya 3.A.Anandharaja 4.K.Laskhmi 5.R.Velmurugan 6.C.Akila ... Petitioners Vs 1.The Government of Tamilnadu Rep. By its Secretary Rural Development and Panchayat Raj Department, Fort St.George, Chennai-600 009.
2.The Director Rural Development and Panchayat Raj Department Pudukottai District.
3.The District Collector, Office of the District Collector Pudukottai District.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant two advance increments to the petitioners with effect from the date of their acquiring P.G.Degree in Engineering and consequently to revise the petitioners basis pay and pay them all consequential arrears therefore within a time frame as may be fixed.
For Petitioners : Mr.K.Saravanan For Respondents : Mr.D.Surya Narayanan
O R D E R
The relief sought for in the present writ petition is to direct the respondents to grant two advance increments to the petitioners with effect from the date of their acquiring P.G.Degree in Engineering and consequently to revise the petitioners' basic pay and pay them all consequential monetary benefits and arrears.
2. The learned counsel for the writ petitioners states that the writ petitioners are working as Assistant Engineers in Rural Development and Panchayat Raj Department. The writ petitioners have completed their P.G.Degree and therefore, they are entitled to get two advance increments as per the Government Orders in force.
3. The learned counsel for the writ petitioners referred to the Government Order in G.O.Ms.No.128 dated 23.03.2016. As per the said Government Order, the writ petitioners are eligible to get two advance increments in the qualification questioned by them.
4. The learned Government Advocate appearing on behalf of the respondents made a submission that two advance increments ought to be granted subject to the eligibility criteria to be verified by the Competent Authorities. This Court is of an opinion that, undoubtedly, the case of the writ petitioners are to be considered with reference to the Government Orders and by verifying the service records and the eligibility criteria prescribed in the Government Orders.
5. This being the factum, the respondents are directed to consider the representation and verify the services particulars and eligibility criteria of the writ petitioners and accordingly, pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose a copy of the representation and the Government Orders which all are relevant, if any, along with the order passed in this writ petition.
6. Accordingly, the writ petition stands disposed of. However no orders as to costs. Consequently, connected Miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar ssb/Pkn
To 1.The Secretary, The Government of Tamilnadu, Rural Development and Panchayat Raj Department, Fort St.George, Chennai-600 009.
2.The Director Rural Development and Panchayat Raj Department Pudukottai District.
3.The District Collector, Office of the District Collector Pudukottai District.
+6cc to Mr.K.J.Saravanan, Advocate, S.R.No. 10616 +1cc to the Government Pleader, S.R.No. 11386 W.P.No.3610 of 2018 GJ(CO) GN(11/03/2019)