Dr.K.S.Gamal Abdul Nasser, v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2015
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.5918 of 2015 1 Dr.K.S.Gamal Abdul Nasser .. Petitioner Vs.
1 The Principal Secretary to Government Finance Department Government of Tamilnadu Fort St. George, Chennai-600 009.
2 The Principal Secretary to Government Health and Family Welfare Department Government of Tamilnadu Fort St.George, Chennai-9.
3 The Director of Medical Education Kilpauk, Chennai-10.
4 The Principal Tamilnadu Government Dental College and Hospital Muthuswamy Road, Park Town, Chennai-600 003.
.. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to consider the representations of the petitioner dated 28.09.2010, 16.02.2013 and 01.10.2013 seeking to make the pay scale on par with certain posts like the Dean of Medical Colleges, Director, King Institute of Preventive Medicine, Guindy, Chennai, etc. in the light of the enhanced monetary powers and duties and responsibilities attached to the post of Principal, Tamil Nadu Govt.Dental College and Hospital, Chennai-3 and for issue of Additional Fitment Table for the pre-revised scale of pay of Rs.12750-375-16500 for the post of Principal , Tamilnadu Govt. Dental College and Hospital, Chennai-3.
For Petitioner : Mr.R.Ramachandran For Respondents : Mr.P.Sanjay Gandhi, AGP
O R D E R
The petitioner entered into Tamil Nadu Government Medical Service on 14.6.1979 as Tutor in Dental Surgery and ultimately retired as Principal, Tamil Nadu Government Dental College and Hospital, Chennai on attaining the age of superannuation on 30.6.2014. The petitioner rendered 36 years of unblemished service to the course of Medical Education.
2. It is the grievance of the petitioner that correct pay scale was not fixed in his case inspite of the fact that under similar circumstances, a different pay scale was fixed to the Director, King Institute of Preventive Medicine and Principal, Government Physiotherapy College, Trichy.
3. The petitioner submitted detailed representations on 28.09.2010, 16.02.2013 and 01.10.2013, requesting the Government to revise his pay scale and pay him the arrears. Since there was no follow up action taken by the Government, the petitioner was constrained to file this Writ Petition.
4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader on behalf of the respondents.
4. The respondents 1 and 2 are directed to consider and dispose of the representations submitted by the petitioner dated 28.09.2010, 16.02.2013 and 01.10.2013 on merits and as per law and in the light of the relevant Rules. Such exercise shall be completed within a period of two months from the date of receipt or production of a copy of this order.
5. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr
To 1 The Principal Secretary to Government Finance Department Government of Tamilnadu Fort St. George, Chennai-600 009.
2 The Principal Secretary to Government Health and Family Welfare Department Government of Tamilnadu Fort St.George, Chennai-9.
3 The Director of Medical Education Kilpauk, Chennai-10.
4 The Principal Tamilnadu Government Dental College and Hospital Muthuswamy Road, Park Town, Chennai-600 003.
1 cc to Government Pleader,Sr.No.14785 1 cc to Mr. R.Ramachandran,Advocate, SR.No.14541 W.P.No.5918 of 2015 kk(co) pmk.18.3.2015