A.Parameswaran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025 CORAM :
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.P.No.26409 of 2016 A.Parameswaran ... Petitioner Vs.
1. The District Collector, Erode District, Erode.
2. The District Collector, Tiruppur District, Tiruppur.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order of the second respondent, dated 23.09.2015 in Na.Ka.No.5427/2013/V1, and quash the same and consequently direct the second respondent to fix the pay scale of the petitioner on par with that of his junior, namely, N.Gururajan, in the post of Deputy Block Development Officer and consequently pay the difference amount in the scale of pay to the petitioner with effect from 28.08.2008.
For Petitioner : Mr.K.Selvaraj For Respondents : Mr.M.Rajendiran, Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the order of the second respondent, dated 23.09.2015 in Na.Ka.No.5427/2013/V1 and consequently direct the second respondent to fix the pay scale of the petitioner on par with that of his junior, namely, N.Gururajan, in the post of Deputy Block Development Officer and consequently pay the difference amount in the scale of pay to the petitioner with effect from 28.08.2008.
2. Heard Mr.K.Selvaraj, learned counsel for the petitioner and Mr.M.Rajendiran, learned Additional Government Pleader appearing for the Respondents.
3. The case of the petitioner is that while he was working as a Deputy Block Development officer in Erode District, due to certain administrative reasons, he was transferred to Tiruppur District and the scale of pay of the petitioner has not been refixed on par with his juniors. Hence, this Writ Petition.
4. The first respondent viz., the District Collector, Erode District filed a counter affidavit stating as under:
"10....the recommendation letter by the first respondent was sent to the second respondent to re fix the pay of the petitioner for the post of Extension Officer as notionally from 09.06.2006 vide first respondent letter in Na.Ka.No.154/2014/N2, dated 02.06.2014. After 06.01.2009, all the revised pay fixation awarding selection grade pay fixation and seniority of the petitioner etc., were done in Tiruppur District by the Tiruppur District Collector, the second respondent herein. The petitioner is seeking pay on par with his Junior N.Gururajan in the cadre of Deputy Block Development Officer. Moreover, the petitioner and his Junior N.Gururajan were working in Tiruppur District only. Therefore the first respondent Erode District Collector could not proceed to re fix the pay anomaly of the petitioner and his junior N.Gururajan in the cadre of Deputy Block Development Officer.
5. On perusal of the above, it is seen that the responsibility for revising the pay of the petitioner duly falls on the second respondent viz., the District Collector, Tiruppur District. Taking into consideration the specific stand taken by the first respondent, the second respondent viz., the District Collector, Tiruppur is directed to refix the scale of pay of the petitioner based on the orders, dated 02.06.2014 passed in favour of M.Gururajan who is now working in Tiruppur District and pass necessary
orders accordingly within a period of six weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ petition is allowed. No costs. 20.06.2025 Index : Yes/No Speaking Order : Yes/No vum To:
1. The District Collector, Erode District, Erode.
2. The District Collector, Tiruppur District, Tiruppur.
N.SENTHILKUMAR ,J., vum
W.P.No.26409 of 2016 20.06.2025