K.Neelambal v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 30.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.32895 of 2014 1.K.Neelambal 2.D.Saroja 3.G.Rani 4.G.Pachaiappan 5.P.Arumugam 6.C.Anthony 7.P.Mallika 8.A.Devaki 9.A.Lourdusamy 10.G.Govindasamy 11.G.Panchalai 12.V.Rajamani 13.N.Jayalakshmi 14.K.Mariammal 15.C.Sakunthala 16.V.Ayyanar 17.S.Srinivasan 18.G.Rajamani 19.P.Nehru 20.M.Muthu 21.K.Chinnasamy 22.V.Palani 23.A.Selvi 24.K.Chinnaraji 25.V.Krishnan 26.T.Devarajan 27.K.Marimuthu 28.K.Elumalai 29.L.Dhanakoti 30.M.Muniyan 31.S.Mani 32.M.Kannan 33.V.Ramu .. Petitioners Vs.

1.The Chief Engineer, Chennai Zone, Water Resource Organisation, Chepauk, Chennai-600 005.

2.The Engineer-in-Chief (General), Chepauk, Chennai-600 005.

3.The Principal Secretary to Government, Chennai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the second respondent to revise their pay from the date of completion of 10 years of service and disburse the monetary benefits, from the date of G.O.334, dated 19.10.2007, forthwith, as ordered by this Court in W.P.No.13833 of 2013, on 10.6.2013, within a time frame to be fixed by the Court. For Petitioners : Mr.G.P.Arivuchudar For Respondents : Mr.K.Dhananjayan, Spl.G.P

ORDER

Heard.

This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the second respondent to implement the order passed by this Court, on 10.6.2013, in W.P.No.13833 of 2013.

It has been stated that the petitioners have been working under the Public Works Department, Sathanur Dam Sub Division, Sathanur, Tiruvannamalai District. Even though they had been appointed on Non-Muster Roll basis, they were regularized in service, on completion of 480 days of continuous service. However, their salaries had not been revised, from the date of the completion of 10 years of service, as per the order passed by this Court, on 10.6.2013, in W.P.No.13833 of 2013. The learned counsel appearing on behalf of the petitioner had submitted that a contempt petition, in Contempt Petition No.1099 of 2014, has been filed, before this Court, against the respondents, for disobeying the order passed by this Court, on 10.6.2013, in W.P.No.13833 of 2013.

It had also been stated that the respondent Department had filed a writ appeal against the order passed by this Court, on 10.6.2013 in W.P.No.13833 of 2013, in W.A.No.1749 of 2014.

petitioner, is not maintainable, as it seeks to implement the earlier order passed by this Court, on 10.6.2013, in W.P.No.13833 of 2013. Hence, this writ petition stands dismissed. However, it goes without saying that it may be open to the petitioners to pursue their remedies, if any, in the contempt petition, said to be pending before this Court, in Contempt Petition No.1099 of 2014 and in the writ appeal, in W.A.No.1749 of 2014. No costs.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar vvk To 1.The Chief Engineer, Chennai Zone, Water Resource Organisation, Chepauk, Chennai-600 005.

2.The Engineer-in-Chief (General), Chepauk, Chennai-600 005.

3.The Principal Secretary to Government, Chennai.

+1cc to M/s. Law Square, Advocate, S.R.No.49657 +1cc to the Government Pleader, S.R.No.49718 RP(CO) EU(21/09/2016) Writ Petition No.32895 of 2014