K.Krishnaswamy, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04-08-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.23720 of 2015 1.K.Krishnaswamy (PPO No.C65244/RD) 2.P.Bakkiyam (Family Pension PPO No.A761752/RDLA) 3.K.Madhaiyan (PPO No.C224016/RD) 4.T.N.Munikrishnan (PPO No.A778722/RDLA) .. Petitioners vs 1.The Government of Tamil Nadu Rep. By its Secretary to Government Rural Development & Panchayat Raj Department Fort St. George, Chennai 600 009 2.The Commissioner of Rural Development and Panchayat Raj Department Panagal Building Saidapet, Chennai 600 015 3.The District Collector (PD Section) Vellore District, Vellore.
4.The Principal Accountant General (A & E) Tamil Nadu No.361, Anna Salai, Chennai 600 018 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to count two years Rural Welfare Officer training period undergone by the petitioners 1,3 and 4 and husband of the second petitioner for increment and grant increment in the posts in which they were holding as on 30.7.1992, and consequently, refix their pay and pension together with arrears of pay and pension. For Petitioners : Mr.V.Suthakar For Respondents : Mr.V.Subbiah Special Government Pleader for RR1 to 3
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioners would state that they, after selection, had undergone two years training in the cadre of Rural Welfare Officer, which got subsequently merged with the Junior Assistant and Rural Welfare Officer Grade I. The claim of the petitioners is that two years training period has to be taken into account for the purpose of giving increments, in terms of G.O.Ms.No.85, Rural Development and Panchayat (PA4) Department, dated 11.9.2012, and in this regard, they have also submitted a joint representation dated 12.8.2014, and since no orders have been passed, came forward to file this writ petition.
3.The learned Counsel appearing for the petitioners, would submit that in similar facts and circumstances, this Court vide order dated 18.8.2014, made in W.P.No.22121 of 2014 (K.Radhakrishnan and Others vs. The Government of Tamil Nadu, represented by its Secretary to Government, Rural Development and Panchayat Raj Department, and others), has directed the respondents therein to re-fix the period spent by the petitioners therein in the Rural Welfare Officer Training, as qualifying service for pension and pay arrears of pension and other benefits within a stipulated time and prays for similar orders.
4.The Court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the respondents 1 to 3, also.
5.This Court, taking into consideration the above facts and circumstances, directs the first respondent to consider the petitioners' representation dated 12.8.2014, in the light of G.O.Ms.No.85, Rural Development and Panchayat (PA4) Department, dated 11.9.2012, and the order dated 18.8.2014, made in W.P.No.22121/2014, and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsv
To:
1.The Secretary to Government Rural Development & Panchayat Raj Department Fort St. George, Chennai 600 009 2.The Commissioner of Rural Development and Panchayat Raj Department Panagal Building Saidapet, Chennai 600 015 3.The District Collector (PD Section) Vellore District, Vellore.
4.The Principal Accountant General (A & E) Tamil Nadu No.361, Anna Salai, Chennai 600 018 + 1 cc to Mr.V. Suthakar, Advocate Sfr.40535 W.P.No.23720 of 2015 GP(CO) EU 24.08.15