S.Dhayanandan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.B.Dhayanandan 2.J.Madanagopal 3.C.Jayagobi 4.A.Rajendran 5.K.Chellammal 6.G.Uma Rani 7.R.Seetharaman 8.R.A.Gurunathan 9.R.Narayanan 10.C.Kandasamy 11.A.Rajendran 12.S.Santha Bai 13.N.Balaraman 14.S.Seetharaman 15.R.Arumugam 16.M.Chinnapaiyan 17.N.Sivasankaran 18.Thiripurasundari 19.S.Ravi 20.R.Jamuna 21.V.C.Sreenivasan 22.B.Syed Safiullah Hussiany 23.K.Natarajan 24.M.S.Annamalai 25.G.Kumaravelu 26.S.Malarkodi 27.T.Savithiri 28.P.Dhanabagyam 29.D.Ramamoorthy 1/8
30.R.Ragavan 31.S.Kumaresan 32.A.Abdul Haleem 33.K.Moorthy 34.Padmavathi Bai 35.S.Subulakshmi 36.A.Karthikeyan 37.Y.Paramaie Gnana Suganthy 38.R.Krishnan 39.A.Abdul Rahiman 40.A.Krishnan ... Petitioners Vs.
The Government of Tamilnadu, represented by its Principal Secretary, Finance Department, Secretariat, Chennai - 600 009.
... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to issue orders for implementing the scale of pay of Rs.7000 - 11500 with effect from 12.12.2007 and direct the respondent to issue a fitment table in respect of revision of scale of pay as mentioned in para 2(ii) of G.O.Ms.No.234, Finance (Pay Cell) Department dated 01.06.2009 and to pay the arrears accruing on account of such pay revision for the period from 12.12.2007 to 31.05.2009 within a stipulated time and dispose of the same in accordance with law.
For Petitioners : Mr.S.V.Vijayprashanth For Respondent : Mr.U.Baranidharan Additional Government Pleader ***** 2/8
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to issue orders for implementing the scale of pay of Rs.7000 - 11500 with effect from 12.12.2007 and further direct the respondents to issue a fitment table in respect of revision of scale of pay as mentioned in para 2(ii) of G.O.Ms.No.234, Finance (Pay Cell) Department dated 01.06.2009 and to pay the arrears arising out of such revision of pay for the period from 12.12.2007 to 31.05.2009 within the time stipulated by this Court.
2. Heard Mr.S.V.Vijayprashanth, learned counsel for petitioners and Mr.U.Baranidharan, learned Additional Government Pleader appearing for respondent.
3. The petitioners were working in the cadre of Administrative Officers and Superintendents in Tamilnadu General Service and Ministerial Service and they have all retired from service. 3/8
4. The service particulars of the petitioners is as follows: 4/8
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5. The further case of the petitioners is that after several demands from the employees and various orders passed by the Court, the Government fixed the pay scale on par with the juniors. The Superintendents were aggrieved by the scale of pay fixed for the Assistants since the Assistant Section Officers were fixed at a higher scale of pay with effect from 01.06.1988. Applications came to be filed before the Tribunal for revision of scale of pay for Superintendents with all consequential benefits. The applications also came to be allowed by an order dated 17.04.1996 and a direction was given to the Government to fix the scale of pay at Rs.1820-3200 to the Superintendents with effect from 01.06.1988 with all consequential benefits. Ultimately, that matter reached the Apex Court and the Apex Court, through order dated 18.07.
2000, directed to fix the pay scale of Superintendents in the Ministerial cadre bearing in mind the fact that they were all along being given a higher scale of pay than the Assistant Section Officer of the Secretariat Cadre. The Government issued G.O.(Ms) No.234, dated 01.06.2009 and the Revised Scale of Pay Rules, 2009.
6. The grievance of the petitioners is that the Government has not implemented the scale of Rs.7000-11500 with effect from 12.12.2007 6/8
due to non-issuance of Government Orders in this regard and also nonissuance of fitment table. However, the same has been done for the other posts. The representations given in this regard did not evoke any response. It is under these circumstances, the present writ petition has been filed.
7. Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the petitioners and the earlier orders passed by the Court and the Government Order, there shall be a direction to the petitioners to submit fresh individual representations along with all relevant documents and also a copy of this order. The same shall be dealt with on its own merits and in accordance with law and final orders shall be passed by the respondent within a period of twelve (12) weeks from the date of receipt of fresh representation from each of the petitioner.
This writ petition is disposed of with the above direction. No costs.
17.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 7/8
N.ANAND VENKATESH, J gm To The Principal Secretary, Finance Department, Secretariat, Chennai - 600 009.
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