Vz.Abimannan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.38233 of 2016 1.V.Abimannan 2.S.Neeladevi 3.T.Poonkodi 4.P.Kamalam 5.S.Susila ... Petitioners Vs.
1 The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.
2 The Director of Public Libraries, Govt. of Tamil Nadu, 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 2, Brahmatheertham Salai, Karur - 639 001.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 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.
For Petitioners : Mr.M.Purushothaman For Respondents : Mr.V.Anandhamoorthy Additional Government Pleader (Edn.)
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing the 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. 3.The case of the petitioners is that they were appointed as part - time Sweeper on consolidated pay and they are working in the post for more than 10 years. As per G.O.Ms.No.385, Finance (Paycell) Department on 01.10.2010, the employees who have been completed three years of service were granted special time scale of pay of Rs.1300-3000+ Grade pay of Rs.300/-.
4. The petitioners would further state 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 representation dated 28.09.2016, 26.09.2016, 26.09.2016, 28.09.2016 and 26.09.2016 respectively and it was not considered favourably. Therefore, the present writ petition has been filed.
5. Mr.M.Purushothaman, learned counsel appearing for the petitioners submitted that pursuant to the order passed in W.P.No.39846 of 2015 in similar matters, the government has issued an order extending the benefit on 15.06.2016 vide proceedings Na.Ka.No.13/A/2016.
6.Heard Mr.M.Purushothaman, learned counsel appearing for the petitioners and Mr.V.Anandhamoorthy, learned Additional Government Pleader (Edn.), who accepts notice on behalf of the respondents.
7. 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 respondents 3 and 4 to consider and dispose of the representation of the petitioners dated 10.10.2015 28.09.2016, 26.09.2016, 26.09.2016, 28.09.2016
R.SUBBIAH,J.
pri and 26.09.2016 respectively, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. 8.The writ petition is disposed of accordingly. No costs. 03.11.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.
2 The Director of Public Libraries, Govt. of Tamil Nadu, 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 2, Brahmatheertham Salai, Karur - 639 001.
W.P.No.38233 of 2016 03.11.2016 http://www.judis.nic.in