Tamilnadu Masu Kattupadu v. Tamilnadu Pollution Control

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ Writ Petition No.29438 of 2013 and W.M.P.No.29080 of 2016 Tamil Nadu Masu Kattuppadu Varia Ottunargal Sangam rep. by its President Regn. No.2208/MDS93, No.33/16, Vellala Street, Purasawakkam, Chennai-600 084.

... Petitioner vs.

Tamil Nadu Pollution Control Board rep. by its Chairman, No.76, Mount Salai, Guindy, Chennai-32.

... Respondent Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to consider the representation of the petitioner Union dated 17.06.2013 in accordance with law and on its merits within the time frame stipulated by this Court. For Petitioner :

Mr.R.Kamatchi Sundaresan For Respondent :

Ms.Rita Chandrasekar

ORDER

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondent to dispose of the representation of the petitioner Union dated 17.06.2013 in accordance with law and on merits.

2.

The substance of the representation of the petitioner's Union is to enhance the risk allowance sanctioned to them on par with the Engineers and Scientists, who are employed in the respondent Board, from Rs.60/- to Rs.500/-.

3.

The respondent has filed a counter stating that the drivers are paid the risk allowance in accordance with the https://hcservices.ecourts.gov.in/hcservices/

orders passed by the Government. Therefore, it is not feasible to enhance the risk allowance to the drivers working in the respondent Board contrary to the extant Government Orders. 4.

Considering the facts and circumstances and in view of the limited prayer made by the petitioner Union, the respondent is directed to consider the representation of the petitioner Union dated 17.06.2013 on merits and in accordance with law and pass appropriate orders thereon, within a period of two weeks from the date of receipt of a copy of this Order. If the petitioner Union is aggrieved by the outcome of the representation, the petitioner Union is at liberty to work out their remedy in the manner known to law, within a period of six weeks thereafter.

5.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To The Chairman, Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai-32.

+1 cc to Mr.Balan Hairdas,advocate,sr.57663 +1 cc to Mr.Rita Chandrasekaran,advocate,sr.57678 rsy(co) krd 11/11 W.P.No.29438 of 2013 https://hcservices.ecourts.gov.in/hcservices/