V.Kamala, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24-08-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.29088 of 2014 1.V.Kamala 2.B.Vijaya 3.R.Vasantha .. Petitioners vs
1. The Secretary Government of Tamil Nadu Finance (Pay Cell) Department Fort St. George, Chennai 600 009
2. The Secretary Government of Tamil Nadu Rural Development & Panchayat Union Department Fort St. George, Chennai 600 009
3. The Commissioner cum Director Rural Development & Panchayat Union Panagal Building Saidapet, Chennai.
4. The District Collector Thiruvarur
5. The Commissioner Kodavasal Panchayat Union Thiruvarur District
6. The District Elementary Education Officer Kodavasal, Thiruvarur District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to regularise the services of the petitioners with effect from the date of completion of 10 years of service in the light of G.O.(P) No.99, School Education Department, dated 8.6.2011, and grant all arrears of salary within a specified period of time. For Petitioners : Ms.T.Aananthi For Respondents : Mr.S.Gunaseakran Government Advocate
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The deponent of the affidavit filed in support of this writ petition, viz. the second petitioner, would state that the petitioners were appointed as Sweepers between 1981 and 1987 respectively and were paid with the consolidated pay. According to the deponent, as per G.O.(P) No.385, Finance (Pay Cell) Department, dated 1.10.2010, special time scale of pay has been conferred on them, and so also the festival bonus admissible to them, and in this regard, they have submitted very many representations and the last of such representation was submitted on 30.6.2014, and since no orders have been passed, they came forward to file this writ petition. 3.The learned Counsel appearing for the petitioners, would submit that in similar facts and circumstances, this Court vide order dated 14.5.2014, made in W.P.No.
13738/2014, has directed the very same respondents herein to take note of G.O.Ms.No.191, Finance (Pay Cell) Department, dated 29.4.1998; G.O.Ms.No.385, Finance (Pay Cell) Department, dated 1.10.2010, and G.O.Ms.No.39, Rural Development and Panchayat Union (E.5) Department, dated 7.5.2013, and pass orders on the representation in accordance with law, and since the petitioners are similarly placed, the same order could be passed. 4.The Court heard the submissions of Mr.S.Gunasekaran, learned Government Advocate, who accepted notice on behalf of the respondents, also.
5.Though the petitioners prayed for a larger relief, this Court, in the light of the facts and circumstances, directs the respondents 1 and 6 to consider and dispose of the petitioners' representation dated 30.6.2014, on merits and in accordance with law, after taking note of the above cited Government Orders, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition is disposed of accordingly. No costs. -Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To:
1. The Secretary Government of Tamil Nadu Finance (Pay Cell) Department Fort St. George, Chennai 600 009 2 .The Secretary Government of Tamil Nadu Rural Development & Panchayat Union Department Fort St. George, Chennai 600 009
3. The Commissioner cum Director Rural Development & Panchayat Union Panagal Building Saidapet, Chennai.
4. The District Collector Thiruvarur
5. The Commissioner Kodavasal Panchayat Union Thiruvarur District
6. The District Elementary Education Officer Kodavasal, Thiruvarur District.
+1 cc to Mrs.T.Anannthi,Advocate,(sr.44754) +2cc to Government Pleader(sr.45204,45204) W.P.No.29088 of 2014 sr(co) cp 23/09/2015