The Khadi And Village Industries Board v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.04.2025 Coram:
THE HONOURABLE MRS.JUSTICE N.MALA and WMP.No.32505 of 2022 The Khadi & Village Industries Board Leather Supervisors Association, Reg. No.161/2008 Represented by its President, No.11/84, 85 Anthoniayar Koil Street, Dharmanathapuram, Trichy- 620 001.
... Petitioner Vs.
1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai-600 009.
2. The Tamil Nadu Khadi and Village Industries Board, Rep. by its Chief Executive Officer, Kuralagam Buildings, Chennai 600 108.
... Respondents 1 / 6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the concerned records from the 1st Respondent, quash the order of the 1st Respondent dated 25.01.2022 bearing Letter No.9396/F1/2021-6 as illegal, arbitrary and contrary to law, consequently direct the 1st respondent to extend the pay scale of Rs.9300-34800+Grade Pay Rs.4200 to the Supervisor (Leather) Grade IV with notional effect from 01.01.2006 and with monetary benefit with effect from 01.08.2010 in terms of G.O.Ms.No.338 dated 26.08.2010 or in the alternative to consider the recommendation of the 2nd respondent bearing Naka No. 2823/E1(2)/2018 dated 14.08.2018 for revision of the old pay scale of Supervisor (Leather) Grade-4 from Rs.5,200- Rs.20,200 + Rs.
2000 grade pay by re-designating the post as Supervisor to Rs.9,300- Rs.34,800 + Rs.4,200 grade pay with effect from 01.01.2006 and with monetary benefits with effect from 01.10.2017 on par with Instructor (leather) stitching in approved school and vigilance services functioning under the social defense department. For Petitioner : Mr.Balan Haridas For Respondents : Mr.L.S.M.Hasan Fazil, Additional Government Pleader for R1 M/s.C.Raj Kumar for R2, dt.
ORDER
Writ petition is filed for issuance of a writ of Certiorarified Mandamus, to quash the order of the 1st respondent dated 25.01.2022, and consequently direct the 1st respondent to extend the pay scale of Rs.9300-34800 + Grade pay Rs.4200 to the Supervisor (Leather) Grade IV with notional effect from 01.01.2006 and with 2 / 6
monitory benefit with effect from 01.08.2010, in terms of G.O.Ms.No.338, dated 26.08.2010.
2. The members of the Petitioner Association are working as Supervisors (Leather) in the 2nd respondent Board. The 2nd respondent board paid the salary to the members of the petitioner association on par with the employees of the State Government. Whileso, the 2nd respondent recommended the revision of pay scale of Supervisor (Leather) Grade IV, to the 1st respondent, but the same was kept pending for a long time. Therefore, the Petitioner Association filed W.P.No.26273 of 2021, for a direction to the Government to consider the recommendation of the 2nd respondent. At the time of admission of the writ petition, the learned Additional Advocate General, appearing for the 1st respondent, informed the court that the petitioner's representation was duly considered and rejection order was passed.
Recording the submissions of the learned Additional Advocate General, the writ petition was closed, with liberty to the petitioner to challenge the rejection order. The petitioner by virtue of liberty granted by this court in the aforesaid writ petition, filed the present writ petition challenging the impugned order dated 25.01.2022.
3. I have heard both the learned counsels and perused the materials available on record.
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4. The impugned order dated 25.01.2022, reads as follows: "In continuation of Government letter 2nd cited, I am directed to inform that no recommendations were made by the One Man Commission 2018 regarding the change in staff structure as well as revision of pay scale of certain posts in Tamil Nadu Khadi and Village Industries Board on par with Government Departments. I am therefore to request you to send necessary draft counter affidavit in the above case, after duly vetted by the Government Pleader to Government immediately."
From a bare reading of the impugned order, it is clear that none of the grievances raised by the Petitioner's Association in its representation dated 30.12.2019, were addressed by the 1st respondent. As none of the grievances raised by the petitioner in the representation dated 30.12.2019 were considered, I am of the view that the impugned order cannot be sustained and hence, the same is set aside.
5. The 1st respondent in the light of the recommendations made by the 2nd respondent dated 14.08.2018, is directed to consider the petitioner's representation dated 30.12.2019, and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. 4 / 6
Writ petition is accordingly allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 21.04.2025 Index:Yes/No Speaking order:Yes/No dsn To
1. The Principal Secretary, Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai-600 009.
2. The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam Buildings, Chennai 600 108.
N.MALA,J.
dsn 5 / 6
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