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Madras High CourtWP/9965/2015disposed of

G.R.Thirumal v. State Of Tamilnadu

2024-07-18Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.R.Thirumal ... Petitioner Vs.

1.State of Tamil Nadu, Rep. By the Director, Adi-Dravidar and Tribal Welfare Department, Chepauk, Chennai-600005.

2.The District Adi-Dravidar and Tribal Welfare Officer, Vellore District, Vellore. 3.Union of India, Rep. By the Accounts Officer/Pen.9, O/o. The Accountant General, (Accounts & Entitlements),Anna Salai, Chennai, Tamil Nadu.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd Respondent which is made in Pr.AG (A&E)/ PEN 9/IV/3090440/RN/14-15/ADK signed dated 18.09.2014 and quash the same consequent to direct the 3rd Respondent to approve the revised pension proposal sent by the 2nd Respondent vide her letter made in Na.Ka.K3/607/2014 dated 13.03.2014 and Na.Ka.K3/607/2014 dated 04.04.2014 and thereby further direct the 3rd Respondent to sanction the 1/6

revised pension to the petitioner and to pay the pension accordingly and also to pay the arrears of pension to the petitioner. For Petitioner : Mr.R.Malaichamy For Respondents : Mr.Abishek Murthy Government Advocate (for R1, R2) Mr.V.Vijayshankar Standing Counsel (for R3)

ORDER

The present writ petition is filed challenging the impugned order dated 18.09.2014 insofar the 3rd respondent found that the petitioner was working as Middle School Headmaster only with effect from 12.06.1989 and thus Selection Grade in Middle School Headmaster is admissible only with effect from the said date.

2. It is submitted by the learned counsel for the petitioner that prior to 01.06.1988 the pay of BT Hostel Warden, Middle School Headmaster and BT Assistant were identical. Therefore, the service rendered in such cadres have to be taken into account for grant of Selection Grade Pay Scale. Since, the petitioner had rendered more than 10 years of service in such cadres prior to 01.06.1988. The petitioner was entitled for grant of Selection Grade 2/6

Pay as recommended by the 2nd respondent vide proceedings dated 13.03.2014 and 04.04.2014. However, the 3rd respondent vide impugned order dated 18.09.2014 had observed that the petitioner was working as a Middle School Headmaster only with effect from 12.06.1989 and thus Selection Grade is admissible only with effect from the said date whereas the Selection Grade has been erroneously given from 01.06.1988 when the petitioner was not working as Middle School Headmaster and thus directed the 2nd respondent to re-examine the pay up to the pay of retirement and revise accordingly. The learned counsel for the petitioner would submit that the 3rd respondent has passed the impugned order rejecting the recommendation of the 2nd respondent without considering the relevant G.Os and granting the petitioner Selection Grade with effect from 01.06.1985 without even being heard.

3. The learned counsel for the 2nd and 3rd Respondent would submit that the petitioner would be put to notice and now be heard and fresh orders would be passed in accordance with law. The suggestion was accepted by the learned counsel for the petitioner.

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4. In view thereof, the writ petition stands disposed of directing the appropriate Respondent to issue notice to the petitioner within a period of 4 weeks from the date of receipt of a copy of this order. The petitioner may then submit its response within a period of 4 weeks thereafter. The concerned/ appropriate Respondent would thereafter pass orders in accordance with law within a period of 8 weeks from the date of receipt of the petitioner's response (or) on expiry of 4 weeks granted to the petitioner to submit his explanation/ response to the notice. No costs. 18.07.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Director, Adi-Dravidar and Tribal Welfare Department, Chepauk, Chennai-600005.

2.The District Adi-Dravidar and Tribal Welfare Officer, Vellore District, Vellore. 3.The Accounts Officer/Pen.9, O/o. The Accountant General, (Accounts & Entitlements),Anna Salai, Chennai, Tamil Nadu.

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MOHAMMED SHAFFIQ, J.

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