K. Muthaiyan, Kuppu, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.26458 of 2015 and MP.No.1 of 2015 1.K.Muthaiyan,Kuppu 2.T.Gunasekaran 3.K.Stephen .... Petitioners -Vs1. The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-9.
2. The Director of Town Panchayat, Kuralagam Buildings, Chennai-108.
3. The Executive Officer, Manal Medu Town Panchayat, Nagapattinam District.
.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 2nd respondent dated 27.07.2006 issued in Na.Ka.No.3051/2006/A3 and the proceedings of the 3rd respondent dated 29.07.2006 issued in Na.Ka.No.113/2006 and quash the same restricting the date of bringing the petitioners into time scale with effect from 23.06.2006 onwards alone and to issue consequential direction to the respondents to bring the petitioners into the regular time scale from the date on which they completed three years consolidated pay services in terms of G.O.Ms.No.199, Municipal Administration and Water Supply Department dated 12.08.1997 & G.O.Ms.No.84, Municipal Administration and Water Supply Department dated 21.05.1998, with all consequential service and monetary benefits.
For Petitioners :: Mr.P.J.Thirumoorthy For Respondents :: Mr.K.Dhananjayan Special Government Pleader
O R D E R
The relief sought for in this writ petition is large in nature, questioning the validity of the proceedings issued by the second respondent on 27.07.2006. However, the learned counsel appearing for the writ petitioners restricted the prayer by stating that it is suffice if a direction is issued to the respondents to consider the representation submitted by the writ petitioners on 11.02.2015.
2. The writ petitioners are working as Sweepers and Over Head Tank Operators and on completion of 3 years of service, they are eligible to get time scale of pay as per the Government Order in G.O.(Ms).No.142 of Municipal Administration and Water Supply (TP.1) Department, dated 23.09.2015. However, the time scale of pay of the writ petitioners were not revised in accordance with the said Government Order and in this regard, the writ petitioners submitted their representation on 11.02.2015 and till date no final order has been passed. Hence the writ petitioners have come forward with this writ petition for the aforementioned prayer.
3.Thus, without going into the merits of the case, the second respondent is directed to consider the representation submitted by the writ petitioners on 11.02.2015 and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 4.Accordingly, this writ petition stands disposed of. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ms/ah
To
1. The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-9.
2. The Director of Town Panchayat, Kuralagam Buildings, Chennai-108.
3. The Executive Officer, Manal Medu Town Panchayat, Nagapattinam District.
+1 cc to the Government Pleader sr 62877 +1 cc to M/s.P.I.Thirumoorthy Advocate sr 62751 W.P.No.26458 of 2015 vd(co) aa05/10/2017