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Madras High CourtWP/11415/2018disposed of

G.Muthukumaran, v. The State Of Tamil Nadu

2018-04-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.11415 of 2018 G.Muthukumaran ... Petitioner

Versus

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forest Department, Fort St.George, Chennai - 600 009.

2.The State of Tamil Nadu, Rep. by its Secretary to Government, Finance (pay cell) Department, Fort St.George, Chennai - 600 009.

3.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.

4.The District Forest Officer, Cuddalore District, Cuddalore.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation with regard to re-fixation of my scale of pay on par with common drivers in the light of the G.O.(Ms).No.65, Finance (pay cell) Department, dated 26.02.2011 and Letter No.24822/pay cell/2011-1, dated 10.05.2011 with all consequential benefits within time frame.

For Petitioner :: Mr.K.Jenitha For R1, R3 & R4 :: Mr.R.Bala Ramesh Special Government Pleader (Forest) For R2 :: Mr.M.Elumalai, Government Advocate

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents to consider the petitioner's representation with regard to re-fixation of his scale of pay on par with common drivers in the light of the G.O.(Ms).No.65, Finance (pay cell) Department, dated 26.02.2011 and Letter No.24822/pay cell/2011-1, dated 10.05.2011 with all consequential benefits within time frame.

2.The learned counsel appearing for the writ petitioner states that the writ petitioner was appointed as Board Driver and subsequently the services of the writ petitioner had been regularized and now he is working as a permanent employee, however, the time scale of pay as applicable to the writ petitioner as per the Government Order is not fixed. In this regard, the writ petitioner has submitted a representation to the respondents on 07.03.2018 and the same is yet to be considered.

3.Thus, without going into the merits of the matter, the fourth respondent is directed to consider the representation submitted by the writ petitioner on 07.03.2018 and pass orders on merits, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the representation and all relevant Government Orders along with the orders passed in this writ petition.

4.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. ah Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, State of Tamil Nadu, Finance(pay cell) Department, Fort St.George, Chennai - 600 009.

3.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.

4.The District Forest Officer, Cuddalore District, Cuddalore.

+1cc to M/s.K.Jenitha, Advocate Sr.No.32512 +1cc to Government Pleader Sr.No.32598, 32795 RSK(CO) sm:29.5.2018 W.P.No.11415 of 2018