G.Durai, S/O.S.Gopal, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:
CORAM:
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP.No.24072 of 2014 1.G.Durai 2.S.K.Srinivasan 3.K.Arulalan ....
Petitioners Vs.
1.The Government of Tamil Nadu rep. by the Principal Secretary to Government Finance (Pay Cell) Department, Fort St.George, Chennai - 600 009.
2.The Director, Tamil Nadu State Health Transport Department, Guindy, Chennai - 600 032.
...
Respondents Prayer:- Writ Petition is filed, under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the second respondent in Na.Ka.No.3108/A2/2013 dated 21.04.2014 and quash the same and direct the second respondent to pay the revised pay and allowances as per the order of pay fixation issued by the second respondent in R.No.3006/A2/11 dated 10.03.2011 with all consequential benefits. For Petitioners : Mr.P.Mohanraj For Respondents : Mr.P.Ananda Kumar for R1 and R2 Government Advocate *** 1/5
O R D E R
The present writ petition has been filed challenging the order of the second respondent in Na.Ka.No.3108/A2/2013 dated 21.04.2014 and direct the second respondent to pay the revised pay and allowances as per the order of pay fixation issued by the second respondent in R.No.3006/A2/11 dated 10.03.2011 with all consequential benefits. 2.Heard Mr.P.Mohanraj, learned counsel for the petitioner and Mr.P.Ananda Kumar, learned Government Advocate for the respondents. 3.When the matter is taken up for hearing, the learned Government Advocate by placing reliance on G.O.Ms.No.409, Finance (Pay Cell) Department, dated 12.11.2020 submitted that though the earlier pay was fixed to the petitioner based on G.O.Ms.No.71, Finance (Pay Cell) Department dated 26.02.2011, the same was not implemented as the said G.O.Ms.No.71, Finance (Pay Cell) Department dated 26.02.2011 was stayed by this Court. Finally, the matter went up to the Hon'ble Supreme Court, where one man commission was appointed headed by the retired 2/5
Judge of this Court.
4. Learned Government Advocate appearing for the respondents further submitted that based on the one man commission's report and in view of G.O.Ms.No.409, Finance (Pay Cell) Department, dated 12.11.2020, the revised pay structure has been fixed in respect of several categories of employment including the category of petitioner. Therefore, the issue has been settled and if at all, the petitioners are having any grievance, it is for them to workout the remedy in the manner known to law.
5. Learned counsel for the petitioners fairly submitted that in view of G.O.Ms.No.409, Finance (Pay Cell) Department, dated 12.11.2020, the relief sought for in the present writ petition is no longer serves and the learned counsel for the petitioner requested this Court to give liberty to challenge the said G.O.
6. In view of the above submissions made by the learned counsels and the subsequent order passed by the Government in G.O.Ms.No.409, 3/5
Finance (Pay Cell) Department, dated 12.11.2020, this writ petition is dismissed. It is open to the petitioners to challenge the same and work out their remedies in the manner known to law. There shall be no order as to costs.
Index:Yes/No Web:Yes/No Speaking/Non Speaking msv To 1.The the Principal Secretary to Government Government of Tamil Nadu Finance (Pay Cell) Department, Fort St.George, Chennai - 600 009.
2.The Director, Tamil Nadu State Health Transport Department, Guindy, Chennai - 600 032.
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G.ARUL MURUGAN, J.
msv WP.No.24072 of 2014 5/5