B.Vasanthi v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN 1.B.Vasanthi 2.V.Sangiri ... Petitioners Vs.
1.The Principal Secretary to Government, Commercial Taxes & Registration Department, Fort St.George, Chennai 600 009.
2.The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.
3.The Joint Commissioner of Commercial Taxes, Chennai (East) Division, Chennai - 600 006.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to pay all the monetary benefits to the petitioners in the revised scale of pay from the cadre of Assistant and further promotions such as Assistant Commercial Tax Officer now re-designated as Deputy Commercial Tax 1/4
Officer and Commercial Tax Officer with retrospective effect i.e. with effect from the date on which their immediate juniors were promoted and arrears of pay and other consequential service benefits. For Petitioners : Mr.R.Prem Narayan For Respondents : Mr.M.Hariharan
O R D E R
The petitioners have filed this writ petition seeking direction to the respondents to pay them the monetary benefits in the revised scale of pay from the cadre of Assistant and further promotions with retrospective effect and arrears of pay and other consequential service benefits.
2.The case of the petitioners is that the first petitioner is Commercial Tax Officer and the second petitioner retired from service as Commercial Tax Officer on 31.01.2014. Their grievance is that though their seniority was restored and retrospective promotions were given, however the consequent monetary benefits were not given to them. In this regard, they made representation dated 03.01.2014, however, no order was passed. Hence, this writ petition. 2/4
3.Though the prayer is larger in nature, the learned counsel appearing for the petitioners now restricts the same to the extent of considering the representation dated 03.01.2014 submitted by the petitioners for the relief stated in this writ petition, for which, the learned counsel appearing for the respondents raised no objection. 4.Considering the limited prayer now sought for by the learned counsel appearing for the petitioners, which has not been seriously opposed on the side of the respondent, this Court directs the respondents to consider the petitioners representation dated 03.01.2014, if not already considered, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above direction, the writ petition stands disposed of. No costs.
12.02.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4
R.MAHADEVAN,J.
pri To 1.The Principal Secretary to Government, Commercial Taxes & Registration Department, Fort St.George, Chennai 600 009.
2.The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.
3.The Joint Commissioner of Commercial Taxes, Chennai (East) Division, Chennai - 600 006.
12.02.2021 4/4