Madras High CourtWP/18845/2015disposed of

R.Munusamy v. The State Of Tamilnadu

2015-06-29Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2012

CORAM

The Honourable Mr.JUSTICE D. HARIPARANTHAMAN Writ Petition No.18845 of 2015 R.Munusamy ... Petitioner Vs.

1. The State of Tamil Nadu, rep. By the Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The District Educational Officer, Thiruppattur, Vellore District.

4. The Head Master, Government Higher Secondary school, Koodanagaram, Gudiyatham Taluk, Vellore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the claims of the petitioner for fixing Special Time Scale of Pay (1300-3000+300/- Grade Pay) in the post of Sweeper as per the Government order (Ms) No.385, finance (Pay Cell) Department, dated 01.10.2010 with all consequential benefits.

For Petitioner : Mr.G.Elanzhezhiyan For Respondents : Mr.S.Gunasekaran, Government Advocate.

O R D E R

Mr.S.Gunasekaran, learned Government Advocate, takes notice for the respondents.

2. With consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner is working as a Scavenger in the Government Higher Secondary School, Koodanagaram, Vellore District. Even the part time Sweeper/Scavenger is provided with the time scale of pay by the Government as per G.O.(Ms).No.385, Finance (Pay Cell) Department dated 01.10.2010 and G.O.(Ms)No.653 Home (Police-15) Department, dated 07.08.2009 and the scale of pay of part time sweeper is Rs.1300-3000 with Rs.300/- grade pay. In these circumstances, the petitioner made a representation dated 13.04.2015 to the respondents. Now, the petitioner has filed this writ petition seeking a direction to the first respondent to grant him the scale of pay of Rs.1300-3000 with grade pay of Rs.300/- in terms of G.O.(Ms.)No.385 Finance (Pay Cell) Department dated 01.10.2010 and G.O.(Ms.)No.653, Home (Police-15) department dated 07.08.2009 referred to above.

4. In view of the narrow prayer made, the first respondent is directed to dispose of the representation of the petitioner dated 13.04.2015, in the light of G.O.(Ms.)No.385 Finance (Pay Cell) Department dated 01.10.2010 and G.O.(Ms.)No.653, Home (Police-15) department dated 07.08.2009, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsi To

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The District Educational Officer, Thiruppattur, Vellore District.

4. The Head Master, Government Higher Secondary school, Koodanagaram, Gudiyatham Taluk, Vellore District.

+1cc to Mr.G.Elanzhezhiyan, Advocate, S.R.No.31785 +1cc to the Government Pleader, S.R.No.32100 W.P.No.18845 of 2015 VSN(CO) CA(15/07/2015)