Sumathi v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No. 30297 of 2019 Sumathi ... Petitioner Vs.

1. The District Collector-cum-Inspector of Panchayat, Dharmapuri District, Dharmapuri.

2. The Special Officer/Block Development Officer, Village Panchayat, Kariamangalam Panchayat Union, Dharmapuri District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to pay the salary to the Petitioner as per the proceedings dated 17.04.2018 in Na.Ka.No.32/2016/Aa2 along with arrears forthwith. For Petitioner : Mr. K. Balu For Respondents : Mr. R. S. Selvam Government Advocate

O R D E R

This writ petition has been filed by the Petitioner, praying for the issuance of writ of Mandamus, to direct the Respondents to pay the salary to her as per proceedings dated 17.04.2018 in Na.Ka.No.32/2016/Aa2 along with arrears forthwith.

2. Heard the learned counsel appearing for the Petitioner and the learned Government Advocate appearing for the Respondents.

3. The case of the Petitioner is that she was appointed as Sweeper in the Panchayat Office of Pulikal Panchayat, Kariyamangalam Panchayat Union, Dharmapuri District on 24.10.2013 continuing in the same post in the Panchayat Office till date.

4. According to the Petitioner, initially she was paid with a salary of Rs.2,000/- and as she was working as full time Sweeper, she made a request to the Government to revise her salary as per recommendation of 7th Pay Commission. Pursuant to the 7th pay Commission, the Government of Tamil Nadu issued G.O.Ms.No.303, Finance Department, dated 11.10.2017, revising scale of pay at the rate of Rs.3,140/- from 23.10.2016 onwards. Consequently, the Second Respondent based upon the said Government Order, passed an order dated 17.04.2018 in Na.Ka.No. 32/2016/Aa.2, revising the salary of the Petitioner and her name was found at S.No.36 of the said proceedings.

5. However, the grievance of the Petitioner is that, despite the proceedings of the Second Respondent, her salary was not revised and she was not paid with revised salary. In this regard, the Petitioner made a representation on 17.07.2019 to the Respondents requesting to pay the revised salary. Since no orders have been passed in her representation, the Petitioner is before this Court.

6. The learned counsel appearing for the Petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Respondents to consider the Petitioner's representation dated 17.07.2019 and to pass appropriate orders.

7. Considering the limited request made by the learned counsel appearing for the Petitioner, I am inclined to issue direction to the Respondents to consider the Petitioner's representation dated 17.07.2019, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8.The writ petition is accordingly disposed of. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar Internet: Yes/ No To

1. The District Collector-cum-Inspector of Panchayat, Dharmapuri District, Dharmapuri.

2. The Special Officer/Block Development Officer, Village Panchayat, Kariamangalam Panchayat Union, Dharmapuri District.

+1 CC to Mr.K. Balu, Advocate sr 89094.

W.P. No. 30297 of 2019 SPD(CO) SP(06/12/2019)