R.Rajan Babu v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.R.Rajan Babu 2.C.R.Venkatesan 3.R.Kannan 4.P.Josmin Sugirtha Bel 5.S.Usha 6.R.Krishnakumar 7.Karthikeyan T 8.Anto John Stepheno 9.Eldose P Mani 10.P.Velladurai ...
Petitioners versus 1.State of Tamilnadu, Rep. by its Secretary to Government, Department of Higher Education, Fort St. George, Chennai - 600 009.
2.The Annamalai University, Rep. by its Registrar, Annamalai Nagar, Cuddalore District - 608 002.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay the 1/6
increments for the year 2018, 2019, 2020 and 2021 to the petitioners with effect from the date of accruing eligibility for annual increments as well as to provide the benefits arising out of the VII Central Pay Commission within a time frame that may be fixed by this Court with simple interest @ 24% p.a. from the due date.
For Petitioners :
Mr.R.Syed Mustafa For Respondent No.1 :
Mr.K.Surendran Additional Government Pleader For Respondent No.2 :
Mr.S.Sithirai Anandan
O R D E R
Heard Mr.R.Syed Mustafa, learned counsel for the petitioners and Mr.K.Surendran, learned Additional Government Pleader for the first respondent and Mr.S.Sithirai Anandan, learned counsel for the second respondent and perused the materials available on record. 2.
The petitioner who is aggrieved due to non implementation of the VII Central Pay Commission has filed this Petition seeking a writ of mandamus, by directing the respondents to fix the pay of the petitioner in accordance with VII Central Pay Commission and revise the scale of pay 2/6
accordingly with all service benefits including the annual increments along with interest.
3.
The petitioners, who are employed as Special Officer Grade-I in Annamalai University had submitted that similarly placed persons have been given with the benefit of the VII Central Pay Commission but the petitioners were deprived of the above benefits in view of the order dated 24.04.2018. The said order has been challenged by some of the petitioners in W.P.(MD)Nos.11068 and 11069 of 2018 and in which, this Court has passed an order dated 21.01.2019 by stating that the order of the said Registrar dated 24.04.2018 has been set aside and it has been made crystal clear that the said petitioners, who have filed Writ Petitions are also entitled to the benefits of the Resolution dated 27.03.2018 on par with the other employees of the University.
4.
Following the above order, various petitioners have filed subsequent Writ Petitions and got a direction in their favour for revising their pay in accordance with VII Central Pay Commission along with the service benefits. Since the objections raised by the respondents have been 3/6
already dealt by this Court in the above judgments, the petitioners, who are also similarly placed may be considered on the same footing. With the above observation, this Writ Petition is allowed and the respondents are directed to pass orders to revise the pay scale of the petitioners in accordance with VII Central Pay Commission along with other service benefits including the increments, subject to the outcome of the Writ Appeals in W.A.(MD)Nos.758 and 759 of 2019. No costs. Consequently, connected Miscellaneous Petition is closed. 26.02.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
To 1.The Secretary to Government, State of Tamilnadu, Department of Higher Education, Fort St. George, Chennai - 600 009.
2.The Registrar, Annamalai University, Annamalai Nagar, Cuddalore District - 608 002.
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R.N.MANJULA , J.
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