The Tamil Nadu Public Library v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20-06-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.18771 of 2014 And MP No.1 of 2014 The Tamil Nadu Public Library Department Employees Association C & D, No.737, LLA Building, Anna Salai, Chennai - 600 002 Represented by its State President, M.Rajeshkumar, S/o.Muthusamy ..

Petitioner vs.

1.The State of Tamil Nadu, The Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Public Libraries, Directorate of Public Libraries, Chennai - 600 002.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the first respondent in Letter No.16187/Ni.Va4(2)/2014-1 dated 04.06.2014 and to quash the same and consequently, directing the respondents to revise the Scale of Pay for the post of Grade-III Librarian and Grade-II Librarian/Stock Verification Officer by enhancing the Grade Pay on par with Junior Assistant and Assistant respectively in the Department of Public Libraries, with notional effect from 01.01.2006 and monetary benefits from 10.02.2011.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Ms.S.Anitha, Special Government Pleader.

O R D E R

The relief sought for in the present writ petition is to enhance the Grade Pay and for grant of revised Scale of Pay for the post of Librarian Grade-III and Librarian Grade-II/Stock Verification Officer.

2. The present writ petition has been filed by the Tamil Nadu Public Library Department Employees Association. In the matter of fixation of pay and grant of Grade Pay, the aggrieved employees have to approach the Authorities at the first instance and thereafter the Court of Law.

3. In respect of fixation of revision of pay or grant of Grade Pay, the petitioner-Association cannot file the present writ petition as it involves verification of Service Records individually. Thus, the present writ petition filed by the petitioner-Association is not entertainable as the relief sought for cannot be construed as common in nature. Accordingly, the aggrieved members of the petitioner-Association are at liberty to pursue their remedy in the manner known to law.

4. With the abovesaid liberty, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar Svn To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Public Libraries, Directorate of Public Libraries, Chennai - 600 002.

+1cc to the Government Pleader SR.No.37664 WP 18771 of 2014 PA(CO) CB(06/07/2022)