Tamil Nadu Highways Road v. The Government Of Tamil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25044 of 2015 Tamil Nadu Highways Road Inspectors Association rep. by its General Secretary M.Marimuthu ... Petitioner Vs 1.The Government of Tamil Nadu rep. by the Secretary to Government, Highways Department, Fort St. George, Chennai - 9.

2.The Principal Director, Highways Department, PWD Complex, Kamarajar Salai, Chennai - 5.

... Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the first respondent to pass orders on the proposals submitted by the second respondent in Letter No.4034/Nir/4(3)/2015 dated 25.05.2015 for merger of the Road Inspector Grade I and Road Inspector Grade II as Road Inspector with Grade Pay of Rs.2,600/- and for promotion of Road Inspectors with diploma qualification and seven years of service as Junior Draughting Officer within a time limit to be fixed by this Court.

For Petitioner :

Mr.P.Rajendran For Respondents :

Mr.V.Subbiah, Special Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner claims to be the General Secretary of the petitioner Association and would state that there are two categories of Road Inspectors viz., Road Inspector Grade I and II doing the same work and in the Rural Development Department also, the said two categories existed and vide G.O.Ms.No.49 Rural Development and Panchayat Raj (E-3) Department dated 31.03.2015, two categories of Road Inspector were merged as Road Inspector and amendments were also made to the Special Rules and Road Inspector is granted grade pay of Rs.2,600/- and thus, those who possess seven years of service as Road Inspectors and possessing Diploma qualification are promoted as Junior Draughting Officer.

It is the stand of the petitioner that since the members of the petitioner Association are all performing similar duties and responsibilities as that of the Road Inspectors in Rural Development Department their Grade I and II Road Inspectors have to be merged and they are to be conferred with similar benefit as that of the Road Inspectors working in the Rural Development Department. In this regard, they submitted a representation and based on the same, a positive recommendation has also been made by the second respondent to the Government. Since no orders have been passed thereon, the petitioner came forward to file this writ petition. 3.Heard the submissions of Mr.P.Rajendran, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.

Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the first respondent to act on the proposal of the second respondent in Letter No.4034/Nir/4(3)/2015 dated 25.05.2015 as well as the letter dated 01.06.2015 addressed to the Honourable Chief Minister's Special Cell with a copy marked to the first respondent and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

mmi To

1. The Secretary to Government, Government of TamilNadu, Highways Department, Fort St. George, Chennai - 9.

2. The Principal Director, Highways Department, PWD Complex, Kamarajar Salai, Chennai - 5.

+1cc to the Government Pleader, S.R.No.42800 W.P.No.25044 of 2015 BVR(CO) CA(03/09/2015)