D.Vincent, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.9.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.2035 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.Sounundararajan 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.Chandrasekaren Appellants
Versus
1 The Government of Tamilnadu rep by the Additional Chief Secretary to Government Highways & Minor Ports Department Fort st. George Chennai-9 2 The Government of Tamilnadu 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-600 025 4 Accountant General (A&E) Tamil Nadu No.361 Anna Salai Chennai-600 018 Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 21.2.2018 passed in W.P.No.3872 of 2018 on the file of this court.
Prayer in WP.No.3872/2018:Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the second respondent to issue a G.O. in favour of the petitioners herein as that of in terms of G.O. Ms.No.250 dated 21.03.1994 issued by the Department of Finance and consequently direct the third respondent to re-fix the pay of the petitioners herein in terms of the same and other precedents of fixation made in analogous cases mentioned and pay the arrears of pay and allowances pension DCRG commutation of pension surrender leave salary etc. with costs and interest thereon at 18% per annum from the day the amount became due.
For appellants : Ms.C.S.Monica For RR1 to 3 : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For R4 : Mr.V.Vijayashankar
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellants and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader for respondents 1 to 3 and Mr.V.Vijayashankar, learned counsel for the fourth respondent, who take notice on behalf of their respective parties.
2. The petitioners/appellants, who are retired Road Inspectors of Highways Department, filed the writ petition for a direction to the second respondent to issue a Government Order granting the benefit of pay protection as provided to the Work Inspectors of Public Works Department vide G.O.Ms.No.250 Finance (CMFC) Department dated 21.3.1994 by contending that they are similarly placed.
3. The learned Single Judge, observing that the petitioners had retired from the Highways Department about 20 years ago and having slept for more than two decades, they are now seeking pay parity in the fixation alongwith the employees of Public Works Department.
4. The learned Government Pleader, having taken notice for the respondents, submitted that the G.O., which was issued in respect of Work Inspectors of Public Works Department cannot be made applicable to the petitioners rather they could have demanded for the same in, but, having slept over all the years, now they are demanding for the fixation of payscale and pay arrears on the enhanced payscale.
5. At the relevant point of time, these petitioners did not wake up to seek the pay protection on par with the Work inspectors of Public Works Department and only after lapse of all these years they seek the benefit of the said G.O. of the year 1994 which was given effect only in the year 2011. Therefore, the appellants/writ petitioners fail on the ground of delay and laches on their part. Hence, the writ appeal is devoid of merits and accordingly, it is dismissed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssk.
To:
1 The Additional Chief Secretary to Government Highways & Minor Ports Department Fort st. George Chennai-9 2 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-600 025 4 Accountant General (A&E) Tamil Nadu No.361 Anna Salai Chennai-600 018 +1cc to M/s.M.Manimaran, Advocate SR.NO.65290 +1cc to Government Pleader SR.NO.65837 RSK(CO) sm:31.10.2018 W.A.No.2035 of 2018