D.Sathiyanathan v. The Joint Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.43971 of 2016 D.Sathiyanathan ..

Petitioner -vsThe Joint Director Stationery & Printing 110, Anna Salai Chennai 600 002 ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to fix the petitioner's pay in the revised Pay Band of Rs.9300-34800+Grade Pay of Rs.4200/- with effect from 1.1.2011 and grant him all consequential benefits. For Petitioner : Mr.P.Rajendran For Respondent :

Mr.P.Sanjay Gandhi Additional Government Pleader

ORDER

The petitioner, who was appointed as Mazdoor at the Government Central Press, Mint, Chennai on 23.3.82, was given promotion to the post of Carpenter on 1.10.89. Again he was promoted to the post of Senior Carpenter and also further promoted as Maistry on 27.7.2010. Subsequently, he was also permitted to retire from service as Carpenter Maistry with effect from 31.7.2016 from the Government Central Press, Mint, Chennai. The grievance of the petitioner is that in the year 2010, when the Government of Tamil Nadu issued G.O.Ms.No.338, Finance (Pay Cell) Department dated 26.8.2010 directing that the scale of pay of Technical categories (Trade posts) in all the Government departments/local bodies shall be uniformly revised and re-designated, making it clear that for the supervisory technical posts in the scale of pay of Rs.4500-7000 (prerevised) such as Foreman (Mechanical), Maistry, Chargeman, etc., the requisite qualification for direct recruitment being

Diploma, the petitioner should have been placed in the revised Pay Band of Rs.9300-34800 + Grade Pay of Rs.4200/- applicable to the category of Supervisor, as he belongs to Supervisor category. But his pay was fixed only in the Pay Band of Rs.520020200 + Grade Pay of Rs.2600/-, as was fixed in the case of one Mr.V.Purushothaman, Senior Carpenter in the revised Pay Band of Rs.5200-20200 + Grade Pay of Rs.2600/-, without considering the fact that he was promoted as Carpenter Maistry from the post of Senior Carpenter. Therefore, he submitted representations to the Joint Director, Stationery and Printing, Chennai, the respondent herein on 5.8.2010, 11.3.2011, 24.4.2012, 8.8.2013, 4.6.2014, 28.11.2014, 23.1.2016 and 6.8.2016 requesting him to fix his pay in the revised Pay Band of Rs.9300-34800 + Grade Pay of Rs.4200/-. But the said representations have not been considered. Therefore, a direction should be issued to consider the representations of the petitioner, he pleaded.

2. Mr.P.Sanjay Gandhi, learned Additional Government Pleader takes notice on behalf of the respondent.

3. This Court, considering the fact that after joining the service as Mazdoor on 23.3.82, the petitioner retired from service in the post of Carpenter Maistry with effect from 31.7.2016 from the Government Central Press, Mint, Chennai, is inclined to direct the respondent to consider his request for rectification of pay anomaly. Accordingly, the respondent is hereby directed to consider the pending representations of the petitioner on merit and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To

1. The Joint Director Stationery & Printing 110, Anna Salai Chennai 600 002

2. The Secretary, The Government Central Press, Mint, Chennai.

+1cc to Mr.Rajendran, Advocate, S.R.No. 76201 +1cc to the Government Pleader, S.R.No. 76276 CA(CO) RS(18/01/2017) W.P.No.43971 of 2016