M.Velayuthan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.14300 of 2015 and M.P.No.1 of 2015
1. M.Velayuthan
2. A.Pushpavathi
3. A.Shanthi
4. G.Parimala
5. S.Dhanalakshmi
6. Tmt.Oosuramal
7. M.D.Govindaraju
8. N.Ranganayagi
9. K.Ramalingam
10. C.Ramalingam .. Petitioners .. Vs ..
1. The State of Tamilnadu, Rep. by Secretary to Government, School Education Department, Secretariat, Chennai-9.
2. The District Collector, Panchayat Development Wing, Tiruvannamalai District.
3. The Block Development Officer, (Village Panchayats), Tellar, Tiruvannamalai District.
4. The Assistant Elementary Educational Officer, Tellar, Tiruvannamalai District.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the claims of the petitioners for regularization in the post of Sweeper by appointing them on Special Time Scale of Pay as per the Government Order No.385 Finance (Pay Cell) Department, dated 01.10.2010 with all consequential benefits.
For Petitioners :
Mr.J.Muthukumaran For RR-1, 2 & 4 :
Mr.V.Jayaprakash Narayanan, Special Government Pleader For R-3 :
Mr.P.Chinnadurai
ORDER
This writ petition has been filed by the petitioner praying for the issuance of a Writ of Mandamus, directing the respondents to consider the claims of the petitioners for regularization in the post of Sweeper by appointing them on Special Time Scale of Pay as per the Government Order No.385 Finance (Pay Cell) Department dated 01.10.2010 with all consequential benefits.
2. The case of the petitioners is that they are part time Sweepers in the Panchayat Union Elementary School in Thellar Panchayat Union. They are paid only consolidated pay. Their grievance is that they are entitled to time scale of pay as per G.O.Ms.No.385 Finance (Pay Cell) Department, dated 01.10.2010 and G.O.Ms.No.234 Finance (Pay Cell) Department, dated 01.06.2009 and also the judgment of this Court dated 04.08.2014 in Review Application No.207 of 2014 in W.P.No.13168 of 2013. The petitioners have made a representation dated 31.12.2014 to extend the benefit of G.O.Ms.No.385 Finance (Pay Cell) Department, dated 01.10.2010, referred to above. Now, the petitioners have filed this writ petition to consider the representation dated 31.12.2014, in the light of G.O.Ms.No.385 Finance (Pay Cell) Department, dated 01.10.2010.
3. Heard Mr.J.Muthukumaran, learned counsel appearing for the petitioners and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for respondents 1, 2 and 4 and Mr.P.Chinnadurai, learned counsel appearing for the third respondent.
4. In view of the narrow prayer made, this writ petition is disposed of directing the first respondent to consider the representation of the petitioners dated 31.12.2014 and pass orders, in the light of G.O.Ms.No.385 Finance (Pay Cell) Department, dated 01.10.2010 and G.O.Ms.No.234 Finance (Pay Cell) Department, dated 01.06.2009 and also the judgment of this Court dated 04.08.2014 in Review Application No.207 of 2014 in W.P.No.13168 of 2013, within a period of twelve weeks from the
date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar jrl To
1. The Secretary to Government, The State of Tamilnadu, School Education Department, Secretariat, Chennai-9.
2. The District Collector, Panchayat Development Wing, Tiruvannamalai District.
3. The Block Development Officer, (Village Panchayats), Tellar, Tiruvannamalai District.
4. The Assistant Elementary Educational Officer, Tellar, Tiruvannamalai District.
1 cc to M/s.S. Revathi, Sr. 25750 1 cc to Government Pleader, Sr. 25906 W.P.No.14300 of 2015 RV (CO) kk 10/6