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Madras High CourtWP/3667/2017disposed of

R.Kalaivani, v. Government Of Tamil Nadu

2017-02-15Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.3667/2017 R.Kalaivani ..

Petitioner Vs 1.Government of Tamil Nadu, Rep.by its Secretary to Government, Home Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, Evk Sampath Road, Vepery, Chennai-600 007. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to fix the Petitioner's selection grade scale of pay as Rs.5200-20200+G.P.Rs.2800, with the corresponding revised selection grade scale of pay of Rs.930034800+4300 as per Letter No.63305/Pay Cell/2010-1, dated 08.11.2010 and G.O.Ms.No.45, Finance (Pay Cell) Department, dated 10.02.2011, from 14.01.2009 and also to pay the arrears at the rate of Rs.9300-34800+G.P.Rs.4300 with effect from 01.02.2011.

For Petitioner :

Ms.S.Kala For Respondents:

Mr.P.Sanjai Gandhi, Additional Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal. MR.P.Sanjay Gandhi, learned Additional Government Pleader accepts notice on behalf of the respondents. The petitioner would aver that she was temporarily appointed as a Junior Assistant-cum-Typist in the office of the Crime Branch CID, Chennai-600002, on 15.10.1998 on compassionate ground and subsequently, her services were regularised as Junior Assistant from the date of her initial appointment, i.e., 15.10.1998, vide G.O[4D] No.100, of the 1st

respondent dated 23.08.2005. The petitioner, after completion of ten years of service as Junior Assistant, had moved to Junior Assistant Selection grade, vide order dated 04.06.2010 and her pay was fixed in the time scale of pay at Rs.5200-20200/- + GP Rs.2000/- and according to the petitioner, it is erroneous and she should have been fixed in the time scale of pay at Rs.520020200/- + GP Rs.2400/-. The petitioner has also exercised her option in terms of Tamil Nadu Revised Scales of Pay Rules, 2009 and despite repeated requests, the anomaly has not been set right and in this regard, the petitioner has also submitted a representation dated 31.10.2016 2nd respondent through proper channel and since no orders have been passed, the petitioner came forward to file the present writ petition. Heard the learned counsel appearing for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 31.10.2016 on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

The writ petition stands disposed of with the above direction. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar AP To 1.The Secretary to Government, Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, Evk Sampath Road, Vepery, Chennai-600 007.

+1 cc to Ms.S.Kala Advocate sr 9818/17 +1 cc to the Government Pleader sr 10230/17 W.P.No.3667/2017 vgl(co) aa03/03/2017