L.Suresh v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2018
CORAM
THE HON'BLE Mr. JUSTICE V.PARTHIBAN W.P.No.28567 of 2016 M.P.No.644 of 2018 1.I.Suresh 2.M.Mannammal 3.S.Srinivasan 4.R.Pandian ... Petitioners Vs.
1. The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of Public Libraries, Anna Salai, Chennai - 600 002.
3. The District Library Officer, Vellore District.
... Respondents Prayer : Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant special time scale of pay of Rs.1300-3000 + Grade Pay Rs.300 to the petitioners as per G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010, within a stipulated period.
For Petitioners: Mr.R.Prem Narayan For Respondents: Mr.T.M.Pappiah Special Government Pleader
O R D E R
Heard Mr.R.Prem Narayan, learned Counsel appearing for the petitioners and Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents.
2.The petitioners have approached this Court for seeking the following relief,
"To issue a Writ of Mandamus, directing the respondents to grant special time scale of pay of Rs.1300-3000 + Grade Pay Rs.300 to the petitioners as per G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010, within a stipulated period."
3. The case of the petitioner is as follows:
The petitioners are all working as Part Time Sweepers in the various Branch Libraries in Vellore District. They have been working on various dated from 1987, 1997 to 2001. The details of their employment have been given in the tabular column filed along with the affidavit.
SI.
No.
Name Designatio n Date of Initial Appointment Place of Working 1.
L.Suresh Part Time Sweeper 07.05.2001 Branch Library, Wallajapet, Vellore Distrct.
2.
M.Mannammal Part Time Sweeper 01.06.1987 Branch Library, Arcot, Vellore Distrct.
3.
S.Srinivasa n Part Time Sweeper 19.06.1997 Branch Library, Gudiyatham, Vellore Distrct.
4.
R.Pandian Part Time Sweeper Branch Library, K.V.Kuppam, Vellore Distrct.
4.According to the petitioners the Government issued G.O.Ms.No.385, Finance (Paycell) Department dated 01.10.2010, wherein Sweepers working either on daily wage basis or on consolidated pay basis were granted Special time scale of pay of Rs.1300 - 3000 + G.P. Rs.300 along with Dearness Allowance + Annual increment. The Government also prescribed certain conditions for grant of Special time scale of pay. 5.The above said benefits are also extended to the Part Time Sweepers like the petitioners herein.
In the said circumstances, the petitioners appeared to have submitted number of representations for the extension of the above said benefits of G.O.Ms.No.385, Finance (Paycell) Department, dated 01.10.2010. However, the representations have not been disposed of.
6.When the matter was taken up for hearing, the learned counsel appearing for the petitioners would submit that the representation dated 20.07.2016 addressed to the first respondent may be directed to be disposed of, within a
stipulated time that may be fixed by this Court. 7.Since, the direction sought for is only limited in its scope, for which, the learned Special Government Pleader, who has taken notice in this matter, cannot have any valid objection, the Writ Petition is disposed of with a direction to the first respondent to consider and dispose of the representation of the petitioners dated 20.07.2016, on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order.
8.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ah To
1. The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of Public Libraries, Anna Salai, Chennai - 600 002.
3. The District Library Officer, Vellore District.
+1 CC to Mr.R. Premnarayanan, Advocate sr 7921. +1 CC to The Govt. Pleader sr 9030.
W.P.No.28567 of 2016 & M.P.No.644 of 2018 GMR(CO) RRK(09/02/2018)