← Library
Madras High CourtWP/20229/2023disposed of

R.Chinnadurai v. The Director Of Local Fund Audit

2023-07-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Chinnadurai ... Petitioner

Versus

1.The Director of Local Fund Audit Integrated Finance Department Office Campus, IV Floor, Multipurpose Veterinary Hospital Backside, Nandanam, Chennai 600 035.

2.The Commissioner, Namakkal Municipality, Paramathi Road, Namakkal.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other Writ or Order of similar nature directing the 1st respondent to revise the scale of pay and pension along with bonus increment eligible to the petitioner as per the recommendation of the 2nd respondent dated 08.02.2019 passed in Na.Ka.No.4149/2014/M3, dated 08-02-2019 within a date fixed by this Court along with eligible interest. For Petitioner :

Mr.A.R.Nixon For R1 :

Mr.P.Baladhandayutham, Special Government Pleader For R2 :

Mr.M.Raja Mathivanan ***** Page No.1 of 4

ORDER

This Writ Petition has been filed to direct the 1st respondent to revise the scale of pay and pension along with bonus increment eligible to the petitioner as per recommendation of the 2nd respondent, dated 08.02.2019 passed in Na.Ka.No.4149/2014/M3, within a date fixed by this Court along with eligible interest.

2.The case of the writ petitioner is that he was appointed as Health Assistant on 20.12.1974 in Kumarapalayam Town Panchayat, Namakkal District. Thereafter, he was promoted as Sanitary Inspector in the year 1993. It is also his contention that originally, the pay scale has been reduced from Rs.6,300/- to Rs.6,100/-, however, the same has been revised from Rs.6,100/- to Rs.6,300/- as per the proceedings, dated 17.12.2018 which is also recorded by this Court in Cont.P.No.2464 of 2018 and W.P.No.31841 of 2013, by order, dated 14.02.2022. This Court also directed the 1st respondent to revise the pay scale from Rs.6,100/- to Rs.6,300/- as per the proceedings, dated 17.12.2018 in the above said Writ Petition. In the meanwhile, the petitioner in this Writ Petition seeks direction to implement the proceedings of the 2nd respondent in Page No.2 of 4

Na.Ka.No.11739/2018/C1, dated 21.01.2019. In the said proceedings, dated 21.01.2019, it is recorded that since the petitioner has completed 30 years of service, calculating bonus certain recommendations have been made. The said proceedings has been forwarded to the 1st respondent for implementation. Now, it appears that the 1st respondent has sent a letter to the 2nd respondent, dated 17.05.2022 requesting to obtain government order in this regard and thereafter, forward the same to the 1st respondent. 3.It is seen that the internal communications between the two departments was delaying the benefit to the petitioner. As now the 1st respondent has sent a communication to the 2nd respondent to obtain government order, this Court directs the 2nd respondent to implement his proceedings, dated 21.01.2019 in Na.Ka.No.11739/2018/C1 as per G.O.(Ms)No.562, Finance (Pay Cell) Department, dated 28.10.1998, within a period of three months from today.

4.With the above direction, this Writ Petition is disposed of. No costs.

12.07.2023 vv2 Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order To 1.The Director of Local Fund Audit Integrated Finance Department Office Campus, IV Floor, Multipurpose Veterinary Hospital Backside, Nandanam, Chennai-600 035.

2.The Commissioner, Namakkal Municipality, Paramathi Road, Namakkal.

12.07.2023 Page No.4 of 4