A.Puspharani, v. The Principal Secretary And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-06-2016

CORAM

THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.17526 of 2016 A.Pushparani .. Petitioner vs.

1. The Principal Secretary and Director of Indian Medicine and Homeopathy O/o The Principal Secretary and Director of Indian Medicine and Homeopathy, Arumbakkam Chennai 600 106.

2. The Medical Officer Government Hospital Mettupalayam.

..Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to provide increment for the period from 01.07.2010 to 01.07.2014 to the petitioner, who is working as Hospital Worker [Siddha] in second respondent's office at Mettupalayam. For Petitioner :

Mr.P.Saravanan For Respondents :

Mrs.P.Rajalakshmi Government Advocate

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed seeking to issue a Writ of Mandamus to direct the first respondent to provide increment for the period from 02.07.2009 to till date to the petitioner, who is working as Hospital Worker [Siddha] in second respondent's office at Nagapattinam District.

3. The case of the petitioner is that, she was initially appointed as Pharmacy Attendant in Government Rural Siddha

Pharmacy at Kalampalayam, Coimbatore District on consolidated basis. Later, her services were regularised as per G.O.No.80 dated 10.07.2007 and her scale of pay was fixed vide order of the first respondent dated 10.08.2007, which was issued by the second respondent; subsequently she was appointed as Hospital Worker in the second respondent's office at Mettupalaym from 07.07.2009 and to till date she is working there. The grievance of the petitioner is that though she is working in the said post for the past more than seven years, she was not paid with any yearly increment nor her basic pay was fixed. Therefore, she has submitted a representation to the first respondent on 18.06.2015. Since there was no response, she has preferred the above writ petition seeking the aforesaid prayer.

4. Mr.P.Saravanan, the learned counsel appearing for the petitioner would submit that it would be suffice if a direction is issued to the first respondent to consider and dispose of the representation submitted by the petitioner within a stipulated time.

5.Mrs.P.Rajalakshmi, the learned Government Advocate, who took notice on behalf of the respondents has got no serious objection for such course of action.

6. Considering the submissions made on either side and in view of the limited prayer sought for by the petitioner, this Court, without going into the merits of the claim made by the petitioner, directs the first respondent, to consider the representation submitted by the petitioner dated 18.06.2015 and pass appropriate orders on the same, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar vj2

To

1. The Principal Secretary and Director of Indian Medicine and Homeopathy O/o The Principal Secretary and Director of Indian Medicine and Homeopathy, Arumbakkam Chennai 600 106.

2. The Medical Officer Government Hospital Mettupalayam.

+1 cc to Mr.P.Saravanan Advocate sr.29233 +1 cc to Government Pleader sr.29254 W.P.No.17526 of 2016 aa14/06/2016