K.Kasthuri, W/O.Kuthandavar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.04.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8986 of 2018 1.K.Kasthuri 2.B.Valli 3.B.Kondammal 4.A.Chinnapen 5.K.Shanthi 6.V.Indrani 7.P.Ravi
...Petitioners
.Vs.
1.The Secretary to Government of Tamil Nadu Department of School Education Fort St. George, Chennai - 600009.
2.The Director of Public Libraries Government of Tamil Nadu Office of the Director of the Public Libraries Anna Salai, Chennai - 600 002.
3.The District Library Officer Chennai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant special time scale of pay of Rs.1300-3000+Grade pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010 with all consequential service and monetary benefits.
For Petitioners : Mr.M.Purushothaman For Respondents : Ms.P.Rajalakshmi Additional Government Pleader
O R D E R
The relief sought for in this writ petition is for a direction to grant special time scale of pay of Rs.13003000+Grade pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010 with all consequential service and monetary benefits. 2.The learned counsel appearing on behalf of the writ petitioners states that the writ petitioners were appointed as part time Sweepers and they are continuously in service on consolidated pay for more than 10 years. The Government issued G.O.No.385, Finance (Paycell) Department dated 01.10.2010, granting special time scale of pay for all these part time
Sweepers and temporary employees, who are working for more than 3 years.
3.However, the special time scale of pay granted to these writ petitioners/temporary employees, will not confer any right on the writ petitioners for permanent absorption. Periodically enhancement of special time scale of pay granted to these temporary employees is to be considered by the competent authorities. Thus, it is made clear that the grant of special time scale of pay is a special concession shown to these temporary /part time employees in order to ensure that a decent payment is made to them considering the length of services rendered.
4.The learned counsel for the petitioners states that even the benefit of special time scale of pay granted to the temporary /party time employees was not granted to the writ petitioner. In this regard, the petitioners have submitted their representations on 23.10.2017, 31.10.2017 and 12.12.2017. Those representations are yet to be considered and therefore, the present writ petition is filed. 5.Under these circumstances, the third respondent is directed to consider the representations submitted by the writ petitioners on 23.10.2017, 31.10.2017 and 12.12.2017 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 copies of the representations and all relevant documents along with the order passed in this writ petition.
6.Accordingly, this writ petition stands disposed of. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.
maya Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu Department of School Education Fort St. George, Chennai - 600009.
2.The Director of Public Libraries Government of Tamil Nadu Office of the Director of the Public Libraries Anna Salai, Chennai - 600 002.
3.The District Library Officer Chennai District.
+1cc to Government Pleader Sr.No.28478 +2cc to M/s.M.Purushothaman, Advocate Sr.No.27559 RSI(CO) sm:10.5.2018 W.P.No. 8986 of 2018