Madras High CourtWP/12138/2014disposed of

P.Jeya Samuel, v. The Principal Secretary

2021-01-20Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.12138 of 2014 P.Jeya Samuel ... Petitioner Vs.

1.The Principal Secretary to Government Finance Department, Govt. of Tamil Nadu, Chennai - 600 009.

2.The Principal Secretary to Government Home Department, Govt. of Tamil Nadu, Chennai - 600 009.

3.The Chairman Pay Grievance Redressal Cell, Finance Department, Govt. of Tamil Nadu, Chennai - 600 009.

4.The Director Forensic Sciences Department, Mylapore, Chennai - 600 004.

5.The Pay and Accounts Officer (East) Egmore, Chennai - 600 008.

6.The Chair Person Official Committee for Implementation of Sixth Central Pay Commission Govt. of Tamil Nadu, Chennai - 600 009.

7.The Chairman One Man Commission for Rectification of Pay anomalies Govt. of Tamil Nadu, Chennai - 600 009.

... Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to rectify the anomaly and fix the scale of pay a sum of Rs.5700-175-9000 and subsequently revised as Rs.9300-34800+GP 4800 as for the post of Technical Stores, Superintendent from the date of the petitioner's promotion as a Technical Store Superintendent on 02.08.2005, with all consequential benefits. For Petitioner : Mr.S.Kingston Jerold For Respondents : Mr.J.Ramesh for R1, R2 & R4 Additional Government Pleader

O R D E R

This writ petition has been filed seeking direction to the respondents to rectify the pay anomaly from the date of petitioner's promotion as Technical Store Superintendent on 02.08.2005, with all consequential benefits.

2.The case of the petitioner is that he was appointed as Store Keeper in the Forensic Sciences Department on 18.08.1978 and was promoted as Technical Store Superintendent on 02.08.2005 and retired from service on 31.10.2011 on attaining the age of superannuation. According to the petitioner his scale of pay was not revised as per G.O.Ms.No.428, Finance (PC) Department, dated 28.08.1998. Hence, for rectification of pay anomaly, he made several representations to the respondents and the last of such representation was made on 07.09.2011 and since the same were not considered, has filed this writ petition. 3.When the matter was taken up for consideration, the learned Additional Government Pleader fairly submitted that the representation of the petitioner regarding anomaly in scale of pay would be considered within a reasonable time frame. 4.

In view of the above, this Court directs the respondents to consider the representation of the petitioner dated 07.09.2011, on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

5.The writ petition is accordingly disposed of. No costs. Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar pri To 1.The Principal Secretary to Government Finance Department, Govt. of Tamil Nadu, Chennai - 600 009.