Madras High CourtWP/39929/2015disposed of

Sivasandiran v. The Union Of India,

2015-12-18Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39929 of 2015

1. Sivasandiran

2. G.Hemalatha

3. I.Rajeswari

4. Mery Prathiba

5. Parameswari

6. Mahalakshmi

7. Dhanalakshmi .. Petitioners Vs.

The Union of India Rep.by the Secretary to Government (health) Government of Puducherry Puducherry 2.The Director Department of Health and Family Welfare Services Government of Puducherry Pondicherry 3.The Dean Mahatma Gandhi Postgraduate Institute of Dental Sciences Government of Puducherry Instn Gorimedu, Pondicherry ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the representations dated 19.10.2012, 09.11.2013 and 04.09.2014 in connection with stepping up of pay in pursuance of GO.Ms.No.7 dated 25.01.2012. For Petitioners : M/s.K.Valarmathi For respondents : M/s.R.Syed Musthafa

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioners would state that they were selected and appointed to the post of staff nurse during the month of February 2004 by the respondents 1 and 2 and they were posted under the 3rd respondent institution. Due to anomalous situation while implementing the VIth Central Pay Commission, the Government issued a GO.Ms.No.7 dated 25.01.2012 for stepping up of pay of the senior staff nurses on par with the junior staff nurses. Since, the benefit under the GO was not extended to the petitioners, they made representations dated 19.10.2012, 09.11.2013 and 04.09.2014, but the representations were not considered, hence, they come up with the present writ petition. 3.Heard the submissions of Ms.K.Valarmathi, learned counsel appearing for the petitioners and Mr..R.Syed Musthafa, Spl.GP (P), who accepts notice on behalf of the respondents. 4.

This Court, taking into consideration the limited scope of prayer sought for by the petitioners and without going into the merits of the same, directs the respondents to consider the representations of the petitioners dated 19.10.2012, 09.11.2013 and 04.09.2014 and pass orders 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 petitioners.

5.The Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar tsh To The Secretary to Government (health) Government of Puducherry Union of India, Puducherry 2.The Director Department of Health and Family Welfare Services Government of Puducherry Pondicherry

3.The Dean Mahatma Gandhi Postgraduate Institute of Dental Sciences Government of Puducherry Instn Gorimedu, Pondicherry +1 cc to M/S.Valarmathi Advocate sr.69241/15 +1 cc to Government Pleader Advocate sr.68570/15 W.P.No.39929 of 2015 sr(co) aa08/01/2016