Dr.R.Sambath v. Union Of India Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Dr.R.Sambath
...Petitioner
Vs 1.Union of India represented by the Secretary to Government (Finance), Chief Secretariat, Puducherry - 605 001.
2.The Secretary to Government (Arts & Culture), Chief Secretariat, Puducherry - 605 001.
3.The Director (Art & Culture), Puducherry - 605 001.
4.The Pondicherry Institute of Linguistics and Culture, Puducherry.
... Respondents [R4 suo motu impleaded by this Court vide order dated 03.02.2023] PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to take suitable action on the representations filed before the respondents on 13.01.2022 and reminder dated 27.07.2022 within the time limits as fixed by this Court. 1/4
For Petitioner : Mr.P.Suresh For Respondents : Mr.R.Sreedhar Additional Government Pleader [P] *****
O R D E R
The Pondicherry Institute of Linguistics and Culture, Puducherry. (an institute of Government of Puducherry) is suo motu added as fourth respondent in the writ petition.
2. This writ petition has been filed for issuance of a writ of mandamus directing the respondents to take suitable action on the representation made by the petitioner on 13.01.2022 wherein the petitioner has sought for disbursement of the Selection Grade/Reader Pay scales as per the 6th Central Pay Commission arrears and for paying the attendant and monetary benefits.
3. Heard Mr.P.Suresh, learned counsel for the petitioner and Mr.R.Sreedhar, learned Additional Government Pleader [P], appearing for the respondents.
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4. The grievance of the petitioner is that the impleaded fourth respondent issued proceedings dated 12.12.2014 and thereby, a new pay scale was effected. While undertaking this exercise, the date of eligibility for getting Selection Grade/Reader Pay band was not settled by the Institute and as a result of the same, th new pay scale was not brought into effect and as a result, the petitioner was not paid the higher pay scale for the period from 25.07.2004 to 11.12.2014. The petitioner made a representation in this regard and since the same was not considered, the present writ petition has been filed.
5. Taking into consideration the limited relief sought for in this writ petition and without going into merits of the case, there shall be a direction to the second respondent to consider the representation made by the petitioner on 13.01.2022 and deal with the same on its own merits and in accordance with law and take a decision within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation along with all relevant documents and also a copy of this order. A copy of the same shall be marked to the impleaded fourth respondent.
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N.ANAND VENKATESH, J gm Accordingly, this Writ Petition is disposed of with the above direction. No costs.
03.02.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Secretary to Government (Finance), Chief Secretariat, Puducherry - 605 001.
2.The Secretary to Government (Arts & Culture), Chief Secretariat, Puducherry - 605 001.
3.The Director (Art & Culture), Puducherry - 605 001.
4.The Pondicherry Institute of Linguistics and Culture, Puducherry.
Writ Petition No. 2509 of 2023 4/4