S.Devakumari v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.04.2025 Coram:
THE HONOURABLE MRS.JUSTICE N.MALA 1.S.Devakumari 2.M.Lakshmi 3.Vimala 4.V.Tamilselvi 5.Malathi 6.B.Chandra ... Petitioners Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Finance (Salary) Department, Secretariat, Chennai - 9.
2.The Director, Directorate of Public Health and Preventive Medicine, No-359, Anna Salai, DMS Complex, Teynampet, Chennai- 600 006.
3.The District Collector, Office of the Collector, Tiruvarur District.
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4.The Deputy Director, Health Services Office, Tiruvarur.
5.The Government Primary Health Center, Perumpannaiyur, Tiruvarur.
6.The Government Primary Health Center, SanganthiEdaiyur, Tiruvarur.
7.The Government Primary Health Center, Ullikkottai, Tiruvarur.
8.The Government Primary Health Center, Poonthottam, Tiruvarur.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 3rd respondents to immediately take steps based on the proposal sent by the 4th respondent vide its proceedings in Na.Ka.No.1309/A1/2011-2 dated 10.04.2015, Na.Ka.No.1309/A1/2011-4 dated 10.04.2015, Na.Ka.No.1309/A1/2011-3 dated 10.04.2015, Na.Ka.No.1309/A1/2011-6 dated 10.04.2015, Na.Ka.No.1309/A1/2011-5 dated 10.04.2015, Na.Ka.No.1309/A1/2011-7 dated 10.04.2015 to grant special time scale of pay of Rs.1,300-3,000 + Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010 with all consequential service and monetary 2 / 7
benefits to the petitioners.
For Petitioner : Mr.M.Jaikumar For Respondents : Mr.Azizulla Khan, Government Advocate for R1 Mr.E.Sundaram, Government Advocate for RR2 to 8
ORDER
Writ petition is filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to immediately take steps on the proposal sent by the 4th respondent vide his proceedings dated 10.04.2015, and to grant time scale of pay with effect from 15.09.2010, as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010, with all consequential and other benefits.
2. The petitioners are working as temporary sanitary workers in Government primary health center, from the year 2001. Whileso, the Government issued G.O.Ms.No.385, Finance (Salary) Department, dated 01.10.2010, bringing the persons who were working on consolidated pay for more than three years under the special time scale of pay. Under the said G.O., the sanitary workers whether on consolidated pay or daily wages, who completed three years of service were eligible for special time scale of pay Rs.1,300-3000/-+Grade Pay of Rs.300/- with 3 / 7
effect from 15.09.2010. As the petitioners were eligible for the benefit of the aforesaid G.O, the 4th respondent vide his proceedings dated 10.04.2015, sent the proposal to the respondents to extend the benefit of special time scale of pay of Rs.1,300-3,000+ Grade Pay of Rs.300/- with effect from 15.09.2010. Pursuant to the said request of the 4th respondent, the petitioner's sent representation to the respondents on 03.11.2020, to comply with the proposal of the 4th respondent. Inspite of the petitioner's representation, no action was taken and therefore, the petitioners filed the above writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submitted that the prayer in the writ petition is only for a Mandamus to the respondents 1 to 3 to consider the proposal sent by the 4th respondent, vide his proceedings dated 10.04.2015, for special time scale of pay with effect from 15.09.2010, as per G.O.Ms.No.385, dated 01.10.2010. The learned counsel submitted that the respondents may be directed to consider the proposal and pass appropriate orders within the time frame stipulated by this court.
4. The learned Government Advocate submitted that the competent authority to consider the proposal of the 4th respondent is the 2nd respondent. 4 / 7
5. Considering the limited scope of the prayer in the writ petition, I am inclined to issue a direction to the 2nd respondent to consider the proposal of the 4th respondent, in his proceedings in Na.Ka.No.1309/A1/2011-2 dated 10.04.2015, Na.Ka.No.1309/A1/2011-4 dated 10.04.2015, Na.Ka.No.1309/A1/2011-3 dated 10.04.2015, Na.Ka.No.1309/A1/2011-6 dated 10.04.2015, Na.Ka.No.1309/A1/2011-5 dated 10.04.2015, Na.Ka.No.1309/A1/2011-7 dated 10.04.2015, for grant special time scale of pay of Rs.1,300-3,000 + Grade Pay of Rs.300/- with effect from 15.09.2010, as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010, with all consequential service and monetary benefits to the petitioners within a period of eight (8) weeks from the date of receipt of a copy of this order.
Writ petition is accordingly disposed of. However, there shall be no order as to costs.
29.04.2025 Index:Yes/No Speaking order:Yes/No dsn 5 / 7
To 1.The Principal Secretary, Finance (Salary) Department, Secretariat, Chennai - 9.
2.The Director, Directorate of Public Health and Preventive Medicine, No-359, Anna Salai, DMS Complex, Teynampet, Chennai- 600 006.
3.The District Collector, Office of the Collector, Tiruvarur District.
4.The Deputy Director, Health Services Office, Tiruvarur.
5.The Government Primary Health Center, Perumpannaiyur, Tiruvarur.
6.The Government Primary Health Center, SanganthiEdaiyur, Tiruvarur.
7.The Government Primary Health Center, Ullikkottai, Tiruvarur.
8.The Government Primary Health Center, Poonthottam,Tiruvarur.
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N.MALA,J.
dsn 29.04.2025 7 / 7