Madras High CourtWP/13154/2021disposed of

A.Vidjealachoumy v. The State

2021-06-24Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No.13154 of 2021 A.Vidjealachoumy .. Petitioner

Versus

1.The State Represented by its The Secretary to Government, Local Administration Department, 2.The Director, Local Administration Department, 3.The Project Officer, SJSRY (Swarna Jayanthi Shahari Rozgar Yonana) Pondicherry Municipality, 4.The Commissioner, Pondicherry Municipality, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent No.2 to 4 to give due promotion or re-designate the post from Assistant Community Organiser to Community Organiser under SJSRY Scheme with all benefits, revise scale pay, provide all the benefits and to grant arrears of salary on par with other employees A.Venkata Ramana by considering her representation dated 24.07.2020. For Petitioner : Mr.K.

Myilsamy For Respondents : No Representation O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondent No.2 to 4 to give due promotion or re-designate the post from Assistant Community Organiser to Community Organiser under SJSRY Scheme with all benefits of revised scale of pay and provide all the benefits and to grant arrears of salary on par with other employee A.Venkata Ramana by considering her representation dated 24.07.2020.

2.The petitioner was selected for the post of Assistant Community Organiser and joined in the year 2000. It is also admitted by the petitioner that she was regularized and regular pay was given only from 2009. The grievance of the petitioner is that the petitioner's representation was not considered and she was not given the benefit as it was extended to others. The petitioner made a representation dated 24.07.2020 seeking for payment of arrears and to revise the scale of pay and the petitioner rendered more than 29 years of service. Since, the representation has not been considered, the present petition has been filed before this Court seeking for appropriate directions.

3.The learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the second respondent to consider the petitioner's representation dated 24.07.2020.

4.Considering the limited scope of the prayer which is sought for in this Writ Petition, without expressing any opinion on the merits of the petitioner's representation, this writ petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 24.07.2020 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The learned counsel for the petitioner now submitted that the petitioner requested that her promotion also may be considered along with the representation of the petitioner.

Hence, it is open to the petitioner to submit a fresh representation to the 2nd respondent, within a period of two weeks and on such a representation submitted by the petitioner, the 2nd respondent shall consider that also along with the earlier representation, within the stipulated time. No Costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssr To 1.The Secretary to Government, Local Administration Department, 2.

3.The Project Officer, SJSRY (Swarna Jayanthi Shahari Rozgar Yonana) Pondicherry Municipality, 4.The Commissioner, Pondicherry Municipality, +1cc to Mr.K.Myilsamy, Advocate SR.No. 29304 W.P. No.13154 of 2021 VSN(CO) B.VC(15.07.2021)