K.M.Dhamodaran, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2015 Coram The Honourable Mr.JUSTICE M.SATHYANARAYANAN Writ Petition No.32090 of 2015
1. K.M.Dhamodaran
2. P.Sarangapani
3. N.Sitharaman
4. T.Sethuraman
5. Tmt.S.Kirubaimani .... Petitioners Vs.
1. The Government of Tamil Nadu represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.
2. The Director of Rural Development Department, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Collector, Tiruvannamalai District.
4. The District Collector, Villupuram District.
5. The District Collector, Vellore District.
.... Respondents PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus directing the respondents herein to pay two increments for the training period, in the post held by the petitioners including the 5th petitioner's husband herein as on 30.07.92, continuously upto the date of retirement of the petitioner including the 5th petitioner's husband and consequently take into account the said increments in the pensionary benefits and in the monthly pension/family pension of the petitioners and pay all monetary and other attendant benefits as paid to others through G.O.Ms.No.85 Rural Development and Panchayat Raj Department dated 11.09.2012 and G.O.Ms.No.62 Rural Development and Panchayat Raj Department dated 27.06.2013 in compliance of the order passed in W.P.Nos.33981 /2005 and 39046/2005 dated
05.07.2011.
For Petitioner : Mr.K.Raja For Respondents: Mr.V.Subbiah, Spl. G.P.
O R D E R
By consent, the Writ Petition is taken up for final disposal.
2. The petitioners 1 to 4 and the husband of the 5th petitioner were initially selected as Rural Welfare Officer, Grade II, through Tamil Nadu Public Service Commission and they were sent for training for a period of two years. After completion of the training period, they joined the services as Rural Welfare Officer Grade II (RWO). Later on, all of them were given further promotion as RWO, Grade I based on their seniority and some of them were given further promotion as Extension Officer, Block Development Officer and Assistant Director. Petitioners 1 to 4 as well as the husband of the 5th petitioner retired from their services on attaining the age of superannuation. The claim of the petitioners is that in terms of G.O.Ms.No.1760, Education Department dated 11.08.1981, G.O.Ms.No.1914 of the same Department dated 25.11.1986 and G.O.Ms.No.
610 Personnel and Administrative Reforms Department dated 28.06.1982 as well as G.O.Ms.No.1573 Forests and Fisheries Department dated 27.11.1982, the training period undergone by RWOs for a period of two years have to be taken into consideration for the purpose of probation and increments. In this regard, very many Writ Petitions have been filed and positive orders have been passed by this Court. The said orders have also been complied with vide G.O.1 (D) No.99, Rural and Panchayat Raj Department dated 16.02.2015 and G.O.No.164 of the same Department dated 19.03.2015. This Court vide orders dated 24.4.2015 and 26.6.2015 in W.P.Nos.
12374 of 2015 and 18474 of 2015 respectively has directed the concerned respondents to consider the representations submitted by the petitioners therein and pass appropriate orders in accordance with law within a stipulated time and hence, the petitioners seek similar orders.
3. Heard the submissions of learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of respondents.
4. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs respondents 2 to 5 to consider the representation of the petitioners dated 20.10.2014 on merits and in accordance with law 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.
The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sl To
1. The Secretary to Government and Panchayat Raj Department, Government of Tamil Nadu, Fort St. George, Chennai - 9.
2. The Director of Rural Development Department, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Collector, Tiruvannamalai District.
4. The District Collector, Villupuram District.
5. The District Collector, Vellore District.
+1cc to Mr.K. Raja, Advocate, S.R.No.55319 +1cc to the Government Pleader, S.R.No.55595 NM(CO) EU(27/10/2015) Writ Petition No.32090 of 2015