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Madras High CourtWP/33339/2022disposed of

Tamil Nadu Chief X - Ray Technicians Association v. The Principal Secretary To Government

2022-12-12Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Tamil Nadu Chief X-Ray Technicians' Association, rep. By its General Secretary T.M. Vijayakumar ...

Petitioner vs.

1. The Principal Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Director of Medical Education, 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai - 600 031.

3. The Director of Medical and Rural Health Services, 359, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai - 600 006.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take 1/5

appropriate action to revise the pay Scale of Chief X-Ray Technicians to (PB-III) Rs.15600-39100 + GP 6600 as claimed in their representation to the first respondent dated 21.12.2021.

For petitioner : Mr.P. Rajendran For respondents : Mr.D. Ravichander Spl. Government Pleader

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.D. Ravichander, learned Special Government Pleader accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to revise the pay scale of Chief X-Ray Technicians to Rs.15600-39100 + Grade Pay of Rs.6600 (PB - III), based on the petitioner's representation, dated 21.12.2021, within a time frame to be fixed by this Court.

4. The petitioner is a registered Society representing the interest of 2/5

the Chief X-Ray Technicians. According to them, the pay scale of other cadres in the same Department like Radiographers, Darkroom Assistants, X-Ray Attenders has been revised but only the pay of Chief X-Ray Technicians has not been revised. According to them, it has to be revised to Rs.15600-39100 + Grade Pay of Rs.6600. The petitioner has given a representation to the respondents requesting them to revise the pay scale to Chief X-ray Technicians. Since the representation has not been considered till date, the petitioner has filed this writ petition.

5. Heard Mr.P. Rajendran, learned counsel for the petitioner and Mr.D. Ravichander, learned Special Government Pleader for the respondents.

6. Since no acknowledgment card has been produced by the petitioner for having served its representation on the respondents, the petitioner will have to give a fresh representation.

7. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court. 3/5

8. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the 1st respondent requesting for revision of pay scale for Chief X-ray Technicians to Rs.15600-39100 + Grade Pay of Rs.6600, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the 1st respondent shall pass final orders on merits and in accordance with law, within a period of eight weeks thereafter.

9. With the aforesaid directions, this writ petition is disposed of. No costs.

12.12.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The Principal Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Director of Medical Education, 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai - 600 031.

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ABDUL QUDDHOSE, J.

vsi2

3. The Director of Medical and Rural Health Services, 359, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai - 600 006.

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