Tamil Nadu Corporation And v. The Municipal Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31554 of 2015 Tamil Nadu Corporation and Municipal Pensioners Association Reg.No.102/2006 Represented by its Branch Office Secretary E.Kaliyaperumal ... Petitioner Vs.

The Municipal Commissioner Gudiyattam Municipality Gudiyattam Vellore District.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to dispose of the representation of the petitioner dated 24.4.2015 and 4.6.2015 as per the Recommendation and Resolution of the Council of the respondent passed in Resolution No.47 dated 30.4.2015 and consequently direct the respondent to pay the Arrears of V Pay Commission as per G.O.Ms. No.666 Finance (PC) dated 27.06.1989 with interest.

For Petitioner : Mr.A.R.Nixon For Respondent : Mr.S.Gunasekaran Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner Association would state that Government has passed G.O.Ms.No.666, Finance/ Pay Commission Department dated 27.04.1989 in and by which recommendation is made to implement V Pay Commission report, to sanction arrears for the period from 01.06.1988 to 31.05.1989, yet the arrears of salary have not been paid and very many representations have been given and taking into consideration of the same, the Gudiyattam Municipality has also passed a positive resolution on 30.04.2015 and inspite of it, the grievance of the petitioner are yet to be addressed. The petitioner Association in this regard also submitted a https://hcservices.ecourts.gov.in/hcservices/

representation dated 24.04.2015 followed by reminder dated 04.06.2015 and since no orders have been passed, came forward to file this writ petition.

3.Heard the submissions of Mr.A.R.Nixon, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondent. 4.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances, directs the respondent to consider and dispose of the petitioner's representation dated 24.04.2015 and the reminder dated 04.06.2015 on merits and in accordance with law after taking into consideration the resolution passed by the Gudiyattam Municipality dated 30.04.2015 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.

5.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar pri To The Municipal Commissioner Gudiyattam Municipality Gudiyattam Vellore District.

1 cc to Mr.A.R. Nixon, Advocate, Sr. 54815 W.P.No.31554 of 2015 SV (CO) kk 20/10 https://hcservices.ecourts.gov.in/hcservices/