N.Jeya Sankar, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA and M.P.No.1 of 2014
1. N.Jeya Sankar
2. A.Dhanasekaran
3. M.S.Sundar
4. R.Velmurugan
5. B.Vishnu Priya,
6. A.Uma Maheswari
7. R.Lalitha
8. K.Jayanathi
9. A.Tamil Selvi 10.V.Krishna Kumari 11.P.Mohana Raghu 12.T.Karthikeyan 13.E.Devi 14.S.Panju 15.K.V.Parvathy 16.R.Vijaya 17.G.Shanthi 18.T.Thilagavathy 19.S.P.Krishna Kumar 20.P.Pongalarasi 21.P.Gomathy 22.D.Rama 23.M.Vasantha 24.R.Kokila
25.T.R.Vijaya Mala 26.S.Mammu 27.M.Subbulakshmi 28.S.Sridevi 29.D.S.Meena 30.Alphonse Britto Catherine 31.G.Baskaran 32.K.Poompavai 33.K.Jeeva 34.B.Selvalalitha 35.S.Sridhar 36.L.Nirmal Kumar 37.P.Indra Gandhi 38.C.P.Jayaprakash .. Petitioners Vs.
1. The Principal Secretary to Government Finance (Paycell) Department, Fort St.George, Chennai 600 009.
2. The Secretary to Government Rural Development and Panchayat Raj Department, Fort St.George, Chennai -9.
3. The Director of Rural Development, and Panchayat Raj, Panagal Building, Saidapet, Chennai 600 015 .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified mandamus, to call
for the records pursuant to the impugned cut off date of 31.05.2009 prescribed in clarification No.2 issued by the 1st Respondent in Letter No.45113/paycell/2009-1 dated 17.08.2009 and Quash the same and consequently direct the respondents to permit the petitioners to exercise their respective option for revised scales of pay as per G.O.Ms.No. 234 Finance (Pay cell) Department dated 01.06.2009 and accordingly revise their pay on par with their colleagues and pay the arrears and other consequential service and monetary benefits.
* * * For Petitioners :
Mr.R.Prem Narayan For Respondents :
Mr.UM.Ravichandran 1 to 3 Special Government Pleader
ORDER
In the light of the fact that the very same subject matter has already been dealt with by the Division Bench of this Court in a batch of Writ Appeal Nos.42 of 2015 etc., the very same judgment would enure to the facts of this case which reads as follows:
"32. Therefore, in the post of Deputy BDO's these people have been promoted only after 31.05.2009, therefore, on that date of promotion, they are entitled to make their option, which admittedly they have been made and that has not been disputed by the appellant also.
33. However, artificially 31.05.2009 date has been fixed not under Writ Appeal Nos.42, 192, 632 1159, 1556 of 2015 and W.A.Nos.274 and 275 of 2016 the Rule only in the subsequent clarifications dated 06.08.2009 and 17.08.2009.
34. The said clarification letter cannot override the import of Rules especially the Rule 8 of the said Rules, which has been pointed out by the learned Judge in the order impugned.
35. What are all the benefits that has been earned by the similarly placed persons pursuant to VI Pay Commission Recommendation, which has been made as a Rule under G.O.Ms.No.234
as referred to above, are to be extended to the similarly placed persons. These employees are though similarly placed persons could not exercise their option because they did not earn the promotion before 31.05.2009. Merely because they earned promotion after 31.05.2009 their right of getting the enhanced pay or a revised pay cannot be denied. Therefore, the said clarification given in this regard by the aforestated letters viz., letter date 06.08.2009 and 17.08.2009 since is not inconsonance with the Rule, which was rightly struck down by the learned Judge through the impugned orders and giving extension of such benefits to these employees.
36. The said judgments, which are impugned herein, in our considered opinion, do not warrant any interference for the aforesaid reasons and discussions. Hence, all these appeals are failed and accordingly, they are dismissed. "
2. Therefore, the writ appeal is disposed of on the same lines as the above judgment. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
21.06.2024 Index : Yes/No Internet : Yes srn To
1. The Principal Secretary to Government Finance (paycell) Department, Fort St.George, Chennai 600 009.
2. The Secretary to Government Rural Development and Panchayat Raj Department, Fort St.George, Chennai -9.
3. The Director of Rural Development, and Panchayat Raj, Panagal Building, Saidapet, Chennai 600 015
P.T.ASHA, J.
srn and M.P.No.1 of 2014 21.06.2024