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Madras High CourtWP/25796/2014disposed of

S.Sundaresan, v. State Of Tamil Nadu,

2021-01-22Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.25796 and 31091 of 2014 1.S.Sundaresan 2.K.Poongavanam 3.B.Karunamoorthy 4.T.Ramu 5.A.Sammantham 6.M.Ramakrishnan 7.R.Sehuraman 8.R.Pugazhenthi 9.K.Rajamanikam 10.M.Thirunavukarasu 11.S.Sadhasivam 12.P.Subramaniyan 13.A.Ragothuman 14.B.Ranganathan 15.V.Ananthasayanam 16.P.Selvaraj 17.B.Pasupathy 18.S.Sivanesan 19.G.Varadhan 20.S.Durairaj 21.J.Arivazhagan 22.G.Rajamani 23.A.Kaliyaperumal 24.S.Syed Mohamed Ghouse ... Petitioners in W.P.No.25796/2014 1.S.Kamaludeen 2.T.Suntharavathanam 3.M.Selvaraj 4.P.Subramaniyam 5.P.Siva Subramaniayn 6.A.Kuthpudeen 7.D.Velusamy 8.G.Mayavan 9.P.Jayaraman 10.A.Radhakrishnan 11.S.Natarajan 12.G.Gopal 13.N.Natarajan 14.A.Selvaraj 15.T.Saravanan 16.A.Gandhi

17.K.Revathi Nanjappan 18.P.Boopathy 19.A.Ranganathan ... Petitioners in W.P.No.31091/2014 Vs.

1.State of Tamil Nadu rep. by Secretary, Highways Department, Fort St.George, Chennai.

2.Chief Engineer, Highways Department, Chennai.

3.Divisional Engineer, Highways Department, Villupuram.

... Respondents in both W.Ps.

4.Accountant General, D.M.S.Office Compound, Teynampet, Chennai 600 006.

... Respondent in W.P.No.25796/2014 4.Divisional Engineer, Highways Department, Dharmapuri.

5.Divisional Engineer, Highways Department, Cuddalore.

6.Divisional Engineer, Highways Department, Rural Roads, Cuddalore.

7.Accountant General, Chennai.

... Respondents in W.P.No.31091/2014 Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to implement the G.O.Ms.No.210, Personnel and Administrative Reforms (Pers.S) dated 11.3.1987 and pay all arrears to the petitioners.

For Petitioner : Mr.K.M.Ramesh

For Respondents : Mr.J.Ramesh Additional Government Pleader for R1 to R3 in W.P.No.25796/2014 for R1 to R6 in W.P.No.31091/2014 M/s.Hema Murali Krishnan for R4 in W.P.No.25796/2014 for R7 in W.P.No.31091/2014 C O M M O N O R D E R The petitioners have filed these writ petitions seeking direction to the respondents to implement G.O.Ms.No.210, Personnel and Administrative Reforms (Pers.S) dated 11.03.1987.

2. According to the petitioners, they are the retired Road Inspectors. As per G.O.Ms.No.210, Personnel and Administrative Reforms (Pers.S) dated 11.03.1987, they have to be paid the salary of Selection Grade Road Inspector Grade I on completion of ten years of service, however, the said Government Order was not implemented. In this regard, they made representation dated 10.06.2014 to the respondents. Finding no response on the same, they have filed these writ petitions for the aforesaid relief. 3.Upon notice, the respondents filed separate counter affidavits inter alia stating that the petitioners were promoted as Road Inspector Grade I on completion of 10 years of service in the post of Grade II as provided in the service Rules amended in G.O.Ms.No.1858/PWD /dated 22.10.

1969 and thereafter, they were elevated to selection grade and special grade respectively on completion of 10 years / 20 years in the post of Grade -I and hence, the submission of the petitioners that they were not paid Road Inspector Grade I selection grade pay and did not follow the G.O by the respondent, is false and baseless.

4. Denying the averments made in the counter affidavits, the learned counsel appearing for the petitioners submitted that the prayer made by the petitioners in their representation is yet to be met with by the respondents. It is also brought to the notice of this Court that some of the petitioners have died during the pendancy of these writ petitions.

5.In view of the above, this Court directs the respondents to pass appropriate orders on the representation dated 10.06.2014 made by the petitioners, on merits and in accordance with law and also taking into consideration G.O.Ms.No.210, Personnel and Administrative Reforms (Pers.S) dated 11.03.1987, as expeditiously as possible. Liberty is granted to the legal

heirs of the deceased petitioners to approach the respondents with fresh representation for appropriate relief. 6.The writ petitions are accordingly disposed of. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri To 1.The Secretary, Highways Department, Fort St.George, Chennai.

2.The Chief Engineer, Highways Department, Chennai.

3.The Divisional Engineer, Highways Department, Villupuram.

4.The Accountant General, D.M.S.Office Compound, Teynampet, Chennai 600 006.

5.The Divisional Engineer, Highways Department, Dharmapuri.

6.The Divisional Engineer, Highways Department, Cuddalore.

7.The Divisional Engineer, Highways Department, Rural Roads,Cuddalore.

+1ccs to Mr.K.M.Ramesh, Advocate SR.No.3768,3769 +1 cc to Government Pleader Sr.No. 4047 W.P.Nos.25796 and 31091 of 2014 AJB (CO) A.SK(22.06.2021)