A.Gnanaprakasam v. The Director Of Sugars
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.
No.24061 of 2021 and W.M.P.No.25387 of 2021 1.A.Gnanaprakasam 2.R.Mohanasundaram 3.V.Elango 4.S.Kuralmani 5.R.Veluchamy 6.P.Ponnusamy 7.R.Venkatesan 8.M.Panneer Selvam 9.S.Subbarayan 10.A.Sambath Kumar 11.A.Palaniammal 12.K.Appavoo 13.S.Saroja 14.C.Srinivasan 15.P.K.Subbramani 16.K.Ramasamy 17.V.Asokan 18.S.Selvi 19.M.P.Saravanan 20.A.Vijaya 21.G.Sekar 22.R.Vasanthi 23.P.Lakshmanan 24.G.Venkatachalam 25.R.Sivakumar 26.P.Manimekalai Page No.1 of 8
27.K.Annamalai 28.A.Kasthuri 29.R.Banumathi 30.L.Uthayarani 31.M.Vijaya 32.S.Namachivayam 33.S.R.Madeswara Moorthy 34.K.Sampooranam 35.M.Subramanian 36.K.Chandra Bose 37.K.Kanakaraju 38.N.Palanisami 39.P.S.Arunachalam 40.M.Bhuvaneswari 41.N.Dhanapal 42.A.Chandran 43.R.Asokan 44.S.Francis 45.R.Thangavel 46.M.Sellappan 47.Ruby Chandra Gantham 48.S.Viswanathan ... Petitioners Vs.
1.The Director of Sugars, EVR Periyar Maligai, 690, Anna Salai, Nandanam, Chennai - 35.
2.The Managing Director, The Salem Co-op Sugar Mills Ltd., Mohanur, Namakkal District.
... Respondents Page No.2 of 8
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioners' representation dated 08.08.2019 sympathetically within a time frame.
For Petitioners : Mr.S.Siva Shanmugam For Respondents : Mr.M.Rajendran, AGP for R1 Mr.R.Balaramesh for R2
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents to consider the petitioners' representation dated 08.08.2019 sympathetically within a time frame.
2. Heard Mr.S.Siva Shanmugam, learned counsel for the petitioners, Mr.M.Rajendran, learned Additional Government Pleader for the first respondent and Mr.R.Balaramesh, learned counsel for the second respondent.
3. The petitioners were the erstwhile staff of Salem Co-operative Sugar Mills Polytechnic College, Namakkal District. They have been Page No.3 of 8
working as teachers, technical staff, administrative staff and basic servants and this Writ Petition is filed by alleging that the 5th and 6th pay commission's recommendations were not implemented and the petitioners' pay was not re-fixed as per the above recommendations.
4. The self-financing Polytechnic College has been converted into Government Polytechnic College vide G.O.Ms.No.28, Higher Education (B2) Department dated 31.01.2018. The petitioners have been given with job protection and they have been absorbed into Government service in the posts sanctioned vide G.O.Ms.No.301, Higher Education (B2) Department dated 06.12.2018. Though they have been absorbed and their services were regularised, their pay was not re-fixed consequent to the recommendations of the 5th and 6th pay commission.
5. The fact that the self-financing Polytechnic College has been converted into Government Polytechnic College vide G.O.Ms.No.28 dated 31.01.2018 is not denied. Even according to the submission of the learned counsel for the petitioners, G.O.Ms.No.301, dated 06.12.2018 Page No.4 of 8
had been ordered for absorption of regular and qualified faculty and staff of the Salem Cooperative Sugar Mills Polytechnic College, Mohanur into Government Service only against the sanctioned posts. Accordingly, 13 teaching faculty, 9 technical staff, 1 administrative staff and 2 basic servants have been absorbed into service. The petitioners fall under that category and they will be entitled to get revised scale of pay as per the 5th and 6th pay commission.
6. Unless the respondents look into the representation of the petitioners and pass any order as to their status of absorption and their entitlement, it will not be known whether the petitioners are entitled to get the pay benefits of pay commission's recommendations.
7. Hence, this Writ Petition is disposed by directing the respondents to consider the representation of the petitioners and pass orders to re-fix their scale of pay in accordance with the recommendations of the 5th and 6th pay commission, in case, the petitioners are already absorbed into Government Service pursuant to Page No.5 of 8
G.O.Ms.No.301, Higher Education (B2) dated 06.12.2018. No costs. Consequently, connected miscellaneous petition is closed. 23.01.2024 Index : Yes/No Internet : Yes/No Speaking / Non-Speaking gsk Page No.6 of 8
To 1.The Director of Sugars, EVR Periyar Maligai, 690, Anna Salai, Nandanam, Chennai - 35.
2.The Managing Director, The Salem Co-op Sugar Mills Ltd., Mohanur, Namakkal District.
Page No.7 of 8
R.N.MANJULA , J.
gsk W.P.
No.24061 of 2021 and W.M.P.No.25387 of 2021 23.01.2024 Page No.8 of 8