A.Samraj v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2017
CORAM:
THE HON'BLE MR.JUSTICE V.PARTHIBAN W.P.No.3619 of 2014 A.Samraj
...Petitioner
vs.
1. The Principal Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Principal Secretary to Government, Personnel and Administrative Department, Secretariat, Fort St. George, Chennai-600 009.
3.The Principal Secretary to Government, Agriculture Department, Secretariat, Fort St. George, Chennai-600 009.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the first and the second respondents to consider the representation dated 01.02.2013 to upgrade, stepping up of pay scale of Seniors like the petitioner on par with juniors and consequently to grant upgradation of the seniority and pay scale from that of Rs.15000/- to that of Joint Secretary to Government pay scale of Rs.37,000400-67000 GP Rs.8800, based on G.O.Ms.No.154, dated 30.10.2009 issued by the Personnel and Administrative Department & G.O.Ms.No.126, Personnel and Administrative(U.Spl.) Department, dated 29.05.1998, within a time frame to be stipulated by this Court.
For Petitioner :
Mr.M.Kempraj For Respondents :
Mr.T.M.Pappiah Special Government Pleader
O R D E R
Writ Petition has been filed seeking for issuance of a
writ of Mandamus to direct the first and the second respondents to consider the representation dated 01.02.2013 to upgrade and step up the pay scale of seniors like the petitioner on par with juniors and consequently to grant upgradation of the seniority and pay scale from that of Rs.15000/- to that of Joint Secretary to Government pay scale of Rs.37,000-400-67000 GP Rs.8800, based on G.O.Ms.No.154, dated 30.10.2009 issued by the Personnel and Administrative Department & G.O.Ms.No.126, Personnel and Administrative(U.Spl.) Department, dated 29.05.1998, within a time frame to be stipulated by this Court.
2. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that he would be satisfied if the representation submitted by the petitioner on 01.02.2013 is disposed of on merits and in accordance with law within time frame.
3.In view of the above submission of the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents submitted that he has no objection for giving limited direction.
4. In view of the submissions made by the learned counsel for the rival parties, this Court directs the first respondent to consider the petitioner's representation dated 01.02.2013 and the decision is directed to be taken within a period of two months from the date of receipt of a copy of this order with reference to the prayer sought for in the writ petition. While giving such directions, it is represented by the learned Special Government Pleader appearing for the respondents that the matter is being considered in respect of the similarly placed persons. Therefore, there would not be any impediment for considering the claim made by the petitioner with reference to the representation as well as with reference to the prayer sought for in the writ petition. In any event, the decision taken shall be communicated to the petitioner within a period of two months from the date of receipt of a copy of this order. 5.With the above direction, the writ petition stands disposed of. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar
To
1. The Principal Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Principal Secretary to Government, Personnel and Administrative Department, Secretariat, Fort St. George, Chennai-600 009.
3.The Principal Secretary to Government, Agriculture Department, Secretariat, Fort St. George, Chennai-600 009.
+1 C.C. to M/S. M.Kempraj Advocate SR.NO.60134 +1 C.C. to The Government Pleader SR.NO.61072 CP (CO) VS 05.10.2017 WP.No.3619 of 2014