Madras High CourtWP/8931/2018disposed of

N.Alavandar, v. The Government Of Tamil Nadu

2018-04-12Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8931 of 2018 1.N.Alavandar 2.K.Nagoor 3.S.Kulandaivel 4.V.P.Ekambaram 5.S.Munisamy 6.S.Dhanushkodi 7.A.P.Subramaniyam 8.C.Kailasam 9.K.Murugaiyan 10.S.Annamalai 11.M.Naganathan 12.S.Ranganathan 13.R.Perumal 14.S.Balasubramanian 15.K.P.Swaminathan 16.S.Raaju 17.V.Rajammal 18.S.Meenakshi 19.B.Alliyammal 20.N.Parvathy 21.Tmt.S.Meerabai 22.Tmt.Zeenath Banu 23.P.Lakshmi 24.D.Mallika 25.Selvi.R.Karuna ..

Petitioners Vs 1.The Government of Tamil Nadu, Represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 9.

2.The Director of Rural Development Department, Panagal Building, Saidapet, Chennai - 600 015.

3.The District Collector, Erode District.

4.The District Collector, Tiruppur District.

5.The District Collector, Vellore District.

6.The District Collector, Tiruvellore District.

7.The District Collector, Dharmapuri District.

8.The District Collector, Tiruvannamalai District.

9.The District Collector, Villupuram District.

10.The District Collector, Dindigul District.

11.The District Collector, Cuddalore District.

..Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, directing the respondents herein to pay two increments for the training period in the post held by the 1st to 16th writ petitioners, the husband of the 17th to 24th writ petitioners and the father of the 25th writ petitioners herein as on 30.07.92, continuously upto their date of retirement and consequently take into account the said increments in the pensionary benefits and in the monthly pension of the petitioners and pay all monetary benefits and other attendant benefits as paid to others through G.O.Ms.No.85, Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.No.33981/2005 and 39046/2005 dated 05.07.2011. For Petitioners : M/s.N.Kolandaivelu For Respondents : Mr.V.Kadhirvelu, Spl GP

O R D E R

The relief sought for in this writ petition is for a direction to the respondents herein to pay two increments for the training period in the post held by the 1st to 16th writ petitioners, the husband of the 17th to 24th writ petitioners and the father of the 25th writ petitioners herein as on 30.07.92, continuously upto their date of retirement and consequently take

into account the said increments in the pensionary benefits and in the monthly pension of the petitioners and pay all monetary benefits and other attendant benefits as paid to others through G.O.Ms.No.85, Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.No.33981/2005 and 39046/2005 dated 05.07.2011.

2.The learned counsel appearing on behalf of the writ petitioners state that the benefit of increments for the training period was already extended to all the similarly placed persons and the petitioners alone were left out. If those increments were granted in accordance with the Government orders and rules in force, the same benefit cannot be denied to other similarly placed persons.

3.Under these circumstances, the writ petitioners have submitted a representation to the respondents on 02.12.2017 and the same is yet to be considered.

4.Accordingly, the 1st respondent is directed to consider the representation submitted by the writ petitioners on 02.12.2017 and pass orders on merits and in accordance with law within a period of twelve(12)weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of the representation and all other relevant documents if any along with the orders passed in this writ petition.

5.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kak To 1.The Secretary to the Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 9.