T.Sivaraman v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.33714 of 2016 T.Sivaraman ... Petitioner vs.
1. The General Manager, Heavy Vehicles Factory, Avadi, Chennai-54.
2. Central Board of Secondary Education rep. by the Secretary, Ps-1-2, Institution Area, I.P.Extension, Patparganj, Delhi-110 092 having Regional Office at Plot No.1630 A, ''J'' Block, 16th Main Road, Anna Nagar West, Chennai-40.
3. The Chairman, Vijayanta Senior Secondary School, H.V.F. Estate, Avadi, Chennai-54.
4. HVF English Medium Educational Society rep. by the Secretary, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai-54.
5. The Headmistress, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai-54.
6. M.Jyotsana
7. Helen Jeyakumari
8. The Headmaster, Vijayanta Model Higher Secondary School, H.V.F. Estate, Avadi, Chennai-54.
9. Maheshwari
10. P.Devi
11. S.Meena Devi
12. S.Meena
13. Jamuna
14. V.Sree Devi
15. Suganthi
16. Thulasi Rajitha
17. Sasi Rekha
18. Susan Cherian
19. F.Jones Roslyne
20. G.Muthamilmaran
21. J.Shanthi
22. V.M.Suganya
23. Priya Dharshini
24. Esther Rani
25. S.Keerthana Sree
26. T.Bindhu
27. B.Ramya
28. Vijaya Shree
29. Sahali Dey
30. S.Akila
31. Sweety
32. Shruthi ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 6 to pay the petitioner the salary of Rs.15,000/- p.m. on par with his juniors ranked 10th to 32nd respondents along with other increments and for other reliefs considering the petitioner's seniority.
For Petitioner : Mr.K.Mohanamurali For 1st Respondent : Mr.T.L.Thirumalaisamy
ORDER
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 6 to pay the petitioner the salary of Rs.15,000/- p.m. on par with his juniors ranked 10th to 32nd respondents along with other increments and for other reliefs considering the petitioner's seniority. 2.
The case of the petitioner is that the petitioner is working as Librarian in the 3rd respondent school from 2003 onwards which was initially run by the Heavy Vehicles Factory. Thereafter, the HVF English Medium Educational Society was
created on 02.03.1982 and the Director General, Ordnance Factory Board and the 1st respondent have supervising control over the HVF English Medium Educational Society and the 3rd respondent. 3.
The further case of the petitioner is that the 3rd respondent institution is affiliated to the Central Board of Secondary Education and as per the bye-laws framed by the HVF English Medium Educational Society, the members and office bearers of the society will have to follow the rules and regulations framed by the Central Board of Secondary Education. At present, the petitioner is drawing a total salary of Rs.7,500/- and paying a rent of Rs.4,500/- for a Housing Board Plot No.1614, Tamil Nadu Housing Board, Avadi, Chennai, In these circumstances, the petitioner filed W.P.No.34469 of 2015 seeking mandamus to consider his allotment of quarters and this Court also directed the petitioner to submit an application to the 1st respondent therein and also directed the 1st respondent therein to consider and pass orders within a period of 4 weeks thereafter.
4.
Now the grievance of the petitioner is that he joined in the respondent school on a consolidated salary of Rs.5,000/- p.m. and the same was increased to Rs.7,500/- w.e.f. 2003. Thereafter, the salary has not been increased. In this regard, the petitioner sent a detailed representation to the Deputy Labour Commissioner during August 2015 in which it was replied that his employment does not fall within the purview of workman and the W.P.No.596 of 2010 filed by the petitioner in this regard is pending. Further, though in the minutes of the meeting dated 23.09.2015, it was agreed by the school management committee to increase the salary of the petitioner from Rs.7,500/- to Rs.15,000/-, the respondents 1 and 3 refused to consider the same.
Further, the present adhoc/temporary staffs appointed as PRT and TGT in the month of April 2012 were given annual increments. But the case of the petitioner was not considered. Therefore, the petitioner sent a representation dated 29.07.2016 to the 3rd respondent through 5th respondent. But, till date, no reply for the same. Hence, the present Writ Petition.
5.
Heard the learned Counsel for the petitioner and the learned Counsel, who takes notice on behalf of the 1st respondent.
6.
Considering the facts and circumstances of the matter, this Court is of the view that no positive direction as sought for by the petitioner could be given in this Writ Petition. However, this Court only directs the 3rd respondent to consider the representation of the petitioner dated 29.07.2016 on merits
and in accordance with law and pass appropriate orders thereon, within a period of six weeks from the date of receipt of a copy of this Order.
7.
The Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi To
1. The General Manager, Heavy Vehicles Factory, Avadi, Chennai-54.
2. The Secretary, Central Board of Secondary Education, Ps-1-2, Institution Area, I.P.Extension, Patparganj, Delhi-110 092 having Regional Office at Plot No.1630 A, ''J'' Block, 16th Main Road, Anna Nagar West, Chennai-40.
+1 CC to Mr. K. Mohanamurali, Advocate Sr.No.56600 +1 CC to Mr. T.L. Thirumalaisamy, Advocate Sr.No.56679 W.P.No.33714 of 2016 ACA (CO) MD : 2/11/2016