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Madras High CourtWP/12802/2021disposed of

S.Jagala v. Tamil Nadu Public Service Commission

2022-11-22Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.S.Jagala 2.E.Saroja 3.D.S.Malathi 4.Krishnaveni 5.Manogari 6.S.Jayalakshmi 7.K.Selvi ... Petitioners Vs.

Tamil Nadu Public Service Commission, Represented by its Chairman, Park Town, Chennai.

... Respondent PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 18.03.2019 and fix the regular time scale of pay to the petitioners sanitary workers i.e., Rs.4800/- - 10,000/- + 1300 as grade pay and pay the arrears from the date of appointment.

For Petitioners :

Mr.K.Sudalai Kannu For Respondent :

Mr.R.Bharanidharan Standing Counsel 1/4

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to consider the petitioners' joint representation dated 18.03.2019 and for fixing regular time scale of pay to the petitioners from the date of their appointment.

2. The petitioners claim that they are sanitary workers working for more than twenty nine years.

3. Eventhough a positive direction has been sought for in this Writ Petition, learned counsel for the petitioner would now submit on instructions that the petitioners will be satisfied if their joint representation dated 18.03.2019 is considered on merits and in accordance with law by the respondent, after giving due consideration to the order of the learned Single Judge of this Court dated 25.01.2018 passed by the Madurai Bench of this Court in W.P.(MD)No.17663 of 2014 and affirmed by the Division Bench of this Court on 29.01.2019 in W.A.(MD)No.1584 of 2018. No prejudice would be caused to the respondent if such a direction is issued by this Court.

4. This Court is not expressing any opinion on the merits of the 2/4

petitioners' claim.

5. For the foregoing reasons, this Court directs the respondent to pass final orders, on merits and in accordance with law, on the petitioners' joint representation dated 18.03.2019, seeking for fixing their salary on the regular time scale of pay within a period of eight weeks from the date of receipt of a copy of this order.

6. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

22.11.2022 Index : Yes/No Speaking Order : Yes / No ab To Tamil Nadu Public Service Commission, Represented by its Chairman, Park Town, Chennai.

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ABDUL QUDDHOSE. J., ab 22.11.2022 4/4