Madras High CourtWP/34028/2015disposed of

Tamil Nadu Assistant v. The Principal Secretary

2015-10-27Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.34028 of 2015 Tamil Nadu Assistant Agriculture Officer's Association represented by its State President S.Esakkimuthu No.9, Thanikachalam Street Triplicane, Chennai 600 005

...Petitioner

1. The Principal Secretary to Government Finance Department Fort St. George, Chennai 600 009

2. The Agriculture Production Commissioner/ Principal Secretary to Government Agriculture Department Fort St. George, Chennai 600 009

3. The Director of Agriculture Chepauk, Chennai 600 005

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 27.2.2014, for rectification of pay anomaly of Assistant Agricultural Officers based on the recommendations of the third respondent in Letter No.Ka.Pa.Ni.1/5824/15 dated 9.2.2015, within a stipulated period.

For Petitioner : Mr.S.M.Subramaniam For Respondents : Mr.R.Vijayakumar Additional Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The deponent of the affidavit, who is the State President of the petitioner-Association, claims that it is espousing the cause of the employees working in the cadre of Assistant Agricultural Officers and Deputy Agricultural Officers. It is stated by the deponent that the qualification for appointment to the post of Assistant Agricultural Officer is a pass in SSLC as well as a pass in the Certificate Course in Agriculture and subsequently, it has been enhanced to a pass in Higher Secondary Examination and also a Diploma qualification in Agriculture and the time scale of pay of the Assistant Agricultural Officer is Rs.5200 - 20200 with a Grade Pay of Rs.2800/- and pursuant to the recommendation of the One Man Committee, the scale of pay has been enhanced to Rs.9300 - 34800 with a Grade Pay of Rs.

4200/- and however, the said benefit has not been extended to the Assistant Agricultural Officers and the petitioner-Association in this regard, made several representations and the third respondent vide Letter No.Ka.Pa.Ni.1/5824/15 dated 9.2.2015, made a positive recommendation to the first respondent and however, no orders have been passed and hence, it came forward to file this writ petition.

3.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepted notice on behalf of the respondents.

4.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the first respondent to consider the petitioner's representation dated 27.2.2014, on merits and in accordance with law, after taking note of the recommendation of the third respondent dated 9.2.2015, made in Letter No.Ka.Pa.Ni.1/5824/15, and pass orders thereon within a period of ten 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-VII) //True Copy// Sub Assistant Registrar

nsv To:

1. The Principal Secretary to Government Finance Department Fort St. George, Chennai 600 009

2. The Agriculture Production Commissioner/ Principal Secretary to Government Agriculture Department Fort St. George, Chennai 600 009

3. The Director of Agriculture Chepauk, Chennai 600 005 1 CC to Mr.S.M.Subramaniam, Advocate SR.No. 58327 1 CC to the Government Pleader, SR.No. 58642 W.P.No.34028 of 2015 KGK (CO) PSI (17.11.2015)