S.Murugesan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29186 of 2015 S.Murugesan ... Petitioner Vs.
1 The Secretary to Government Dept of Differently Abled Fort St George Chennai-9.
2 The State Commissioner & Commissioner of Differently Abled K.K.Nagar SRTC Compound Chennai-78 3 The Principal Government Industrial Training Centre for Blind Poonamallee Chennai-56.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pass orders on the representation made by the petitioner dt 4.4.14 for the revision of scale of pay to Rs.9300-34800+4600 GP w.e.f. 4.2.14 within a reasonable time.
For Petitioner : Mr.M.Muthappan For Respondents : Mr.S.Gunasekaran Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The petitioner was appointed as Industrial Instructor vide orders of the Principal/ Investigator, Government Industrial Training Centre for Blinds, Poonamallee in Rc.No.76/90 dated 26.07.1990 and he has also successfully completed his probation in the said post on 01.08.1992. The petitioner was posted incharge of the post of Manager vide order of the second respondent dated 27.07.2005 and he continues to serve as Manager of the Government Industrial Training Centre for Blind, Poonamallee, Chennai from 01.08.2005 and according to him, he is fully qualified for consideration to the post of
promotion to the post of Manager. The petitioner in this regard, has submitted representation dated 24.02.2009 and since there was no response filed W.P.No.24511 of 2009 praying for issuance of writ of mandamus for consideration to the promotion of said post and this Court vide order dated 03.03.2013 has directed the respondent to consider his claim and pass appropriate orders. 3.The petitioner was posted as Manager in the said institute on 04.02.2015 and his scale of pay has been fixed at Rs.9,300/- - Rs.34,800/- with grade pay of Rs.4,400/- and though the petitioner was holding the said post from 01.08.2005, his salary was fixed only with effect from 04.02.2014 and in this regard submitted a representation and the third respondent vide his letter dated 08.06.2015 has made positive recommendation to the second respondent who in turn made positive recommendation to the first respondent on 08.07.2015 and since no orders have been passed, came forward to file this writ petition.
4.Heard the submissions of Mr.M.Muthappan, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents. 5.This Court taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to act on the recommendation of the second respondent dated 08.07.2015 in Na.Ka.No.1230/CPa/2008 and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar pri To 1 The Secretary to Government Dept of Differently Abled Fort St George Chennai-9.
2 The State Commissioner & Commissioner of Differently Abled K.K.Nagar SRTC Compound Chennai-78
3 The Principal Government Industrial Training Centre for Blind Poonamallee Chennai-56.
+1 cc to M/s.M.Muthappan, Advocate, sr.50564 +1 cc to Government Pleader, sr.50911 W.P.No.29186 of 2015 sai co kra 1/10