M.Periyasamy v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :02.02.2015
CORAM:
The Honourable Mr.Justice K.K.SASIDHARAN W.P.Nos. 27047 to 27049 of 2012 M. Periyasamy
...Petitioner in W.P.No.27047/2012
M. Ganesan
...Petitioner in W.P.No.27048/2012
P.V.Krishnan
...Petitioner in W.P.No.27049/2012
- Vs.-
1. The State of Tamil Nadu Rep. by its Secretary to Government School Education Department Fort St. George Chennai-600 009.
2. The Directorate of Public Libraries Anna Salai Chennai-600 002.
...Respondents in all W.Ps.
Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents herein to fix the basic pay of the petitioner herein on par with the basic pay fixed for his junior Mr.N. Manigandan, District Library officer in respect fo W.P.Nos.27047 and 27049/12 and Mr.K. Nagarajan, District Library officer in respect of W.P.No.25048 of 2012 by stepping up the basic pay of the petitioner herein in the light of the judgment rendered by this Court in W.P.No.18707 of 2007 and a batch of cases dated 8.4.2009 confirmed in W.A.No.1173 of 2010 and a batch of cases dated 20-09-2010 and consequently revise his pension and grant them all consequential benefits. For Petitioner : Mr.S. Selvathirumurugan For Respondents : Mr.M.S.Ramesh AGP
ORDER
The petitioners functioned as Grade I Librarians and on attaining the age of superannuation, retired from service on various dates. The petitioners having found that the issue regarding re-fixation of their pay was settled by this Court in W.P.No.18707 of 2007 and confirmed by a Division Bench of this Court in W.P.No.1173 of 2010 submitted representations on 19 January 2012, 25 January 2012 and 25 March 2012 respectively to the first respondent to refix their pension. Since the representations were not taken up for consideration, the petitioners are before this Court.
2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents.
3. The first respondent is directed to consider and dispose of the representations indicated above on merits and as per law and taking into account the order dated 8 April 2009 in W.P.No.18707 of 2007 and the related judgment dated 20 September 2010 in W.A.No.1173 of 2010. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
4. The writ petitions are disposed of with the above observation. No costs.
Sd/- Asst.Registrar (Lok adalat) /true copy/ Sub Asst. Registrar Tr/ To
1. The Secretary to Government State of Tamilnadu School Education Department Fort St. George Chennai-600 009.
2. The Directorate of Public Libraries Anna Salai Chennai-600 002.
3 ccs to Mr.S. Selvathirumurugan, Advocate, Sr. 5257 1 cc to Government Pleader, sr. 5401 W.P.Nos.27047 to 27049 of 2012 RK (CO) kk 10/2