A.Neelakantadhas, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN And M.P.No.1 of 2015 1.A.Neelakantadhas 2.J.Horson 3.A.Mathias 4.A.Kumaresan 5.M.Dhason 6.A.George 7.Dennis Rajan ... Petitioners Vs.
1.The Secretary to Government, Rural Development Department, Fort St.George, Chennai - 600 009.
2.The Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector, Kanyakumari District @ Nagercoil, Nagercoil.
4.The Assistant Director of Village Panchayat, Collectorate Compound, Nagercoil.
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5.The Block Development Officer (Panchayats) Thuckalay Panchayat Union, Thuckalay, Kanyakumari District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the daily wages salary to all the petitioners as fixed by the District Collector in his proceedings dated 23.09.2014 and continue to pay the periodical revised rates of wages till the services of the petitioner are regularised by the Government.
For Petitioners : Mr.R.Prem Narayan For Respondents : Mr.A.N.Thambidurai for R1 to R4 Special Government Pleader
O R D E R
The petitioners have filed this writ petition seeking direction to the respondents to pay the daily wages salary to them as fixed by the District Collector vide proceedings dated 23.09.2014 and continue to pay the periodical revised rates of wages till their services are regularised by the Government.
2.The case of the petitioners is that they are working as Water Supply Attenders in Village Panchayats for more than two decades as 2/5
regular employees, however, they are kept under daily wages basis and they are given consolidated pay of Rs.2040 per month. Hence, this writ petition.
3.The third respondent has filed a counter affidavit stating that the petitioners are entitled for consolidated pay as per Government Orders and that they have not challenged the Government Orders relating to sanction of consolidated pay and to refix their remuneration. It is further stated that the petitioners have not impleaded the Village Panchayat Presidents.
4.Today, when the matter was taken up for consideration, the learned counsel appearing for the petitioners submitted that the petitioners would be satisfied if they are given liberty to approach the respondents with fresh representation for appropriate relief and direction may be given to the respondents to dispose of the same, for which, the learned Special Government Pleader appearing for respondents 1 to 4 has no serious objection.
5.In view of the above, this Court grants liberty to the petitioners to approach the respondents with fresh representation for 3/5
appropriate relief. On such representation being made by the petitioners, the respondents shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of the representation. 6.With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
10.02.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Secretary to Government, Rural Development Department, Fort St.George, Chennai - 600 009.
2.The Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector, Kanyakumari District @ Nagercoil, Nagercoil.
4.The Assistant Director of Village Panchayat, Collectorate Compound, Nagercoil.
5.The Block Development Officer (Panchayats) Thuckalay Panchayat Union, 4/5
Thuckalay, Kanyakumari District.
R.MAHADEVAN,J.
pri And M.P.No.1 of 2015 10.02.2021 5/5