A.Sivamalai v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.32977 of 2016 1 A.Sivamalai 2 N.Malarkodi 3 R.Lakshmi 4 M.Rajakili 5 M.Sumathi 6 P.Murugesan 7 K.Suppaiah 8 K.Vasantha 9 T.Kanaga 10 P.Periyasamy 11 R.Malathy 12 N.Vijayarani 13 M.Saranya 14 P.Anjammal 15 S.Mahapupjohn ... Petitioners Vs.
1 The Secretary to Government of Tamilnadu, Department of School Education, Fort St. George, Chennai - 600 009.
2 The Director of Public Libraries, Govt. of Tamilnadu Office of the Director of the Public Libraries, Anna Salai, Chennai - 600 002.
3 The District Library Officer, Salem District, Salem.
4 The District Library Officer, Thiruchirappalli District, Tiruchirappalli.
5 The District Library Officer, Krishnagiri District, Krishnagiri.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respective respondents to grant special time scale of pay of Rs.1300-3000+Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Paycell)
Department dated 01.10.2010 with all consequential service and monetary benefits to the respective petitioners herein. For Petitioners : Mr.M.Purushothaman For Respondents : Mr.N.Srinivasan Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The case of the petitioners is that they were appointed as part- time Sweepers on consolidated pay and they are working in the post for more than 10 years. As per G.O.Ms.No.385, Finance (Pay cell) Department dated 01.10.2010, all the employees who had completed three years of service were granted special time scale of pay of Rs.1300-3000+ Grade pay of Rs.300/- with effect from 15.09.2010.
3. The further case of the petitioners is that similarly placed employees filed Writ Petition in W.P.No.39846 of 2015 and based on the order of this Court, they were extended the benefit under the G.O. Since the same benefit was not given to the petitioners, they made representations and it was not considered favourably. Therefore, the present Writ Petition has been filed.
4. The learned counsel appearing for the petitioners submitted that pursuant to the order passed in W.P.Nos.26710 to 26712 of 2013, dated 25.09.2013, in similar matters, the Government has issued an order extending the benefit on 30.09.2015 vide proceedings Na.Ka.No.4486/A/2015.
5.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader, who accepts notice on behalf of the respondents.
6. Though the petitioners prayed for a larger relief, this Court, considering the submission of the learned counsel for the petitioners and without going into the merits of the case, directs the third respondent to consider and dispose of the representation of the petitioners dated 14.06.2016, 14.07.2016 and 11.08.2016 respectively, on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.
7.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar pri To 1 The Secretary to Government of Tamilnadu, Department of School Education, Fort St. George, Chennai - 600 009.
2 The Director of Public Libraries, Govt. of Tamilnadu Office of the Director of the Public Libraries, Anna Salai, Chennai - 600 002.
3 The District Library Officer, Salem District, Salem.
4 The District Library Officer, Thiruchirappalli District, Tiruchirappalli.
5 The District Library Officer, Krishnagiri District, Krishnagiri.
+10 cc to M/s Purushothaman, Advocate Sr.53413 W.P.No.32977 of 2016 GR(CO) RVR 22/10/2016