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Madras High CourtWP/16902/2017disposed of

G.Ilamaran v. The Government Of Tamilnadu

2018-06-07Honourable Mr Justice Satrughana Pujahari4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.06.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P. Nos.16902 to 16904 of 2017 G.Ilamaran ... Petitioner in W.P. No.16902 of 2017 N.Purushothaman ... Petitioner in W.P. No.16903 of 2017 M.Anbazhagan ... Petitioner in W.P. No.16904 of 2017 Vs.

1.The Government of Tamil Nadu, rep. by the Secretary, Higher Education Department, Secretariat, Fort St. George, Madras-600 009.

2.The Commissioner, Directorate of Technical Education, Madras-600 025.

... Respondents in all cases Prayer in all cases: Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to upgrade the petitioners to the post of 'Upgraded Senior Lecturer' with effect from 11.01.2003 with scale of pay of Rs.10,000325-15200 along with arrears and consequently fix the scale of pay as per fitment table No.3 - Rs.19210+AGP 7000 = 26210 with effect from 01.01.2006 by considering the petitioners' representation dated 05.05.2017.

For Petitioners in all cases : Mr.R.Singaravelan, Senior Counsel for Mr.R.Jayaprakash For Respondents in all cases: Mr.P.Raja, Government Advocate COMMON ORDER The petitioners have filed these writ petitions seeking a direction to the respondents to upgrade them to the post of 'Upgraded Senior Lecturer' with effect from 11.01.2003 with scale of pay of Rs.10,000-325-15200 along with arrears and consequently fix the scale of pay as per fitment table No.3 - Rs.19210+AGP 7000 = 26210 with effect from 01.01.2006 by considering their representation dated 05.05.2017.

2.The grievance of the petitioners is that though they are eligible to be upgraded to the post of 'Upgraded Senior Lecturer' with effect from 11.01.2003 as per G.O. Ms. No.337 Higher Education (C2) Department dated 27.08.2009 and they have also made representations on 05.05.2017 in this regard, the same have not been considered by the respondents. Therefore, the petitioners are before this Court seeking the above said prayer.

3.When the matters are taken up, learned senior counsel for

the petitioners would submit that the respondents may be directed to consider the representation made by the petitioners, in accordance with law, keeping in mind that the similarly situated persons as that of the petitioners have been granted the benefit of G.O. Ms. No.337 Higher Education (C2) Department dated 27.08.2009. 4.Learned Government Advocate appearing for the respondents has no objection in considering the representation made by the petitioners.

5.Considering the above said facts, these writ petitions are disposed of with a direction to the second respondent to consider the representations dated 05.05.2017 made by the petitioners within a period of six weeks from the date of receipt of a copy of this order, if the same are not yet considered by the respondents, keeping in mind the G.O. Ms. No.337 Higher Education (C2) Department dated 27.08.2009.

6.It is made clear that this Court has not expressed anything on the merits of the representations. Hence, it is open to the SATRUGHANA PUJAHARI, J.

vga respondents to decide the case of the petitioners within the aforesaid period, keeping in mind the merits of the representations. No costs. 07.06.2018 vga Index : Yes/No Speaking order/Non-speaking order To 1.The Government of Tamil Nadu, rep. by the Secretary, Higher Education Department, Secretariat, Fort St. George, Madras-600 009.

2.The Commissioner, Directorate of Technical Education, Madras-600 025.

W.P. Nos.16902 to 16904 of 2017