Rohit Rasikchandra Pathak v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.7.2011 C O R A M :

THE HONOURABLE MR.M.Y.EQBAL, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.5714 of 2011 and M.P.No.1 of 2011

1. Rohit Rasikchandra Pathak

2. J.Prathiba Lakshmi

3. Mohammed Niyamathulla Khazi

4. Vishnuvarma, S.

5. G.Vimala ... Petitioners -vs1. The Government of Tamil Nadu, rep.by its Secretary, Home Department,

2. The Government of Tamil Nadu, rep.by its Secretary, Finance Department,

3. The Registrar General, High Court of Judicature at Madras, Chennai-104.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of certiorarified mandamus calling for the records on the file of the 2nd respondent in its proceedings in G.O.Ms.No.291, Finance (Pay Cell) Department, dated 26.8.2010 and quash the same as illegal, incompetent and without jurisdiction in so far as Clause-2 of the G.O. is concerned and to further direct the respondents to pay the salary to the petitioners with monetary benefit from 12.12.2007 and for consequential orders.

For petitioner : Mr.V.Raghavachari For respondents : Mr.R.Vijayakumar, AGP for R1 & R2 Mr.V.Ayyadurai for R3 ***

O R D E R

(ORDER OF THE COURT WAS MADE BY THE HONOURABLE THE CHIEF JUSTICE AND T.S.SIVAGNANAM, J.) In this writ petition, the petitioners have prayed for quashing the Government Order issued by the second respondent in G.O.Ms.No.291, Finance (Pay Cell) Department, dated 26.8.2010 in so far as Clause 2 is concerned and to further direct the respondents to pay salary to the petitioners with monetary benefit from 12.12.2007.

2. The learned Additional Government Pleader appearing for respondents 1 and 2 submitted that some more time be allowed for rectifying the mistake occurred in the aforesaid Government Order. For ready reference, it is mentioned that while issuing the aforesaid G.O. giving revision of scales of pay to the Interpreters, it was mentioned that the monetary benefits will be given from 01.8.2010 instead of 12.12.2007. We expect that the Government will come out with a corrigendum or correct the mistake within a month from the date of receipt of a copy of this order.

3. The writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. There will be no order as to costs.

Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar js To

1. The Secretary to Government, Home Department,

2. The Secretary to Government of Tamil Nadu, Finance Department,

3. The Registrar General, High Court of Judicature at Madras, Chennai-104.

+1cc to Mr.V.Raghavachari, Advocate Sr 40511 GV(CO) km/18.7.

W.P.No.5714 of 2011 and M.P.No.1 of 2011