P.Ekambaram v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40817 of 2015 1.P.Ekambaram 2.S.Paulthai .. Petitioners Vs 1.The Government of Tamil Nadu, Rep. By its Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai 600 009.
2.The Commissioner of Rural Development, and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 600 015.
3.The District Collector (PD Section) Vellore District, Vellore.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to count two years Rural Welfare Officer training period undergone by the first petitioner and the spouse of the second petitioner for increment and grant increment in the posts in which the first petitioner and the husband of the second petitioner were holding as on 30.07.1992 and consequently refix their pay and pension together with arrears of pay and pension.
For Petitioners : Mr.V. Suthakar For Respondents : Mr.S. Gunasekaran Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal.
2. According to the petitioners, the first petitioner retired from service on 31.08.1996 on attaining the age of superannuation as Extension Officer and the husband of the second petitioner viz., K.Samiya, retired as Block Development Officer on 30.11.2000 and subsequently, he died on 10.11.2003.
3. The grievance of the petitioners is that the first petitioner and the husband of the second petitioner had undergone two years training in the cadre of Rural Welfare Officer, which has not been taken into consideration, for the purpose of promotion and increment and other monetary benefits.
4. Mr.V.Suthakar, learned counsel appearing for the petitioners submitted that similarly placed persons filed writ petitions in W.P.No.10686 of 2008 and W.P.Nos.39046 of 2005 and 33981 of 2005. This Court allowed the writ petitions, which was also implemented by issuing G.O.Ms.85, Rural Development and Panchayat (PA4) Department, dated 11.09.2012 and G.O.(1) No.333, Rural Development & panchayat (PA-4) Department, dated 18.06.2015. The petitioners are also entitled for the benefits under the G.Os and therefore, they gave a representation to the respondents dated 23.03.2015. Since no order has been passed, the present writ petition has been filed.
5. Heard Mr.V.Suthakar, learned counsel appearing for the petitioners and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents.
6. This Court, in the light of the above facts and circumstances, permits the petitioners to submit one more representation to the respondents 1 and 2 by enclosing a copy of this order as well as copy of the relevant records within a period of two weeks from the date of receipt of a copy of this order. The respondents 1 & 2, on receipt of the same, are directed to consider the said representation on merits and in accordance with law and pass appropriate orders within a period of four weeks therefrom and communicate the decision taken, to the petitioner.
The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar sms
To 1.The Secretary to the Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St. George, Chennai 600 009.
2.The Commissioner of Rural Development, and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 600 015.
3.The District Collector (PD Section) Vellore District, Vellore.
1 cc to Mr.V. Suthakar, Advocate, Sr. 726 1 cc to the Government Pleader, Sr. 263 W.P.No.40817 of 2015 GR (CO) kk 10/2