P. Balamurugan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.09.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P No.10330 of 2014 and M.P.Nos.1 of 2014 & 1 of 2015 1.P.Balamurugan 2.Rajasegaran 3.G.Rajendiran 4.P.Krishnamoorthy 5.R.Ravikumar 6.S.Kalaivani 7.M.Singaravelu 8.C.Veeramani 9.P.Rmachandiran 10.A.Lenin Doss 11.S.Omarkathab 12.K.Immamshahib 13.R.Rajathi 14.R.Vasudevan 15.R.Anthonisamy 16.G.Rajendiran 17.B.Gopalakrishnan 18.K.Thangamani 19.M.Azhaguraj 20.P.Paramasivam 21.V.Kesavan 22.S.Singaravelu 23.S.Gunasegaran 24.R.Anbalagan 25.S.Packirisamy 1/6
26.K.Vijayalakshmi 27.K.Suriyamoorthy 28.P.Mohanasundaram 29.R.Dharmaraj 30.S.Ponnambalam ....
Petitioners Vs 1.The Secretary to Government, Chief Secretariat, Puducherry - 605 001.
2.The Secretary to Government, Chief Secretariat, Puducherry - 605 001.
3. The Secretary to Government, Chief Secretariat, Puducherry - 605 001.
4. The Director of Agriculture, Agriculture Department, New Light House Road, Vambakeerapalayam, Puducherry - 605 001.
5. The Managing Director, Pondicherry Agro Service and Industries Corporation Ltd., Thattanchavadi, Puducherry - 605 009.
....
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fifth respondent to pay 2/6
pending salary of 19 months together with eligible interest and the arrears of 6th pay commission and other pending dues and all attendant benefits to the petitioners.
For Petitioners : Mr.M.Gnanasekar For Respondents : Mr.Ramasamy Meyyappan Government Advocate (Pondicherry)
ORDER
This Writ Petition has been filed for direction directing the fifth respondent to pay pending salary of 19 months together with eligible interest and the arrears of 6th pay commission and other pending dues and all attendant benefits to the petitioners.
2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Pondicherry) appearing for the respondents and perused the materials available on record.
3. The petitioners were appointed in various posts by the fifth respondent Corporation and subsequently, they were promoted to various posts by the fifth respondent. The fifth respondent is a Industrial Corporation Limited and it is a Government undertaking Corporation. It is governed under the control of Board of Directors. The main object of the fifth respondent is to manufacture, buy and sell all the machines and materials 3/6
needed for agro services and agro industries. However, the petitioners were not paid salary in the month of December, 2010. That apart, they were not paid salary from the month of July to December, 2011. In the year 2012, they were not paid salary from January to March. In the year 2013, they were not paid salary from June to December. In the year 2014, they were not paid salary from the month of January to March. Therefore, they were not paid salary totally 19 months. Further, the petitioners were not paid bonus for the years 2011 to 2013 and they were not paid reimbursement of tuition fees .
4. Considering the above, the fifth respondent is directed to consider the request made by the petitioners and pay arrears of salary and other benefits, which are entitled to the petitioners within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
19.09.2023 Index : Yes/No Internet : Yes/No Lpp 4/6
To 1.The Secretary to Government, Chief Secretariat, Puducherry - 605 001.
2.The Secretary to Government, Chief Secretariat, Puducherry - 605 001.
3. The Secretary to Government, Chief Secretariat, Puducherry - 605 001.
4. The Director of Agriculture, Agriculture Department, New Light House Road, Vambakeerapalayam, Puducherry - 605 001.
5. The Managing Director, Pondicherry Agro Service and Industries Corporation Ltd., Thattanchavadi, Puducherry - 605 009.
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G.K.ILANTHIRAIYAN.J Lpp W.P No.10330 of 2014 and M.P.Nos.1 of 2014 & 1 of 2015 19.09.2023 6/6