S.V.Baskar v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH

1. S.V.Baskar

2. V.Padma

3. M.Ramachandran

4. S.S.Sumathy

5. M.S.Udaya Bhaskar

6. V.P.Nagajothi 7.A.Mariappan 8.A.Manikkannan 9.M.D.Manuraj 10.N.Pari

11. N.Bhuvaneswari 12.C.Kannan 13.A. Ramanathan 14.J.Mohanraman

15. K.Jayalalitha

16. S.Akila 17.A.Jayanthi 18.K.Sumathy 19.S.Chitra 20.S.Ravi

21. P.Baskar

22. K.S.Sivagami

23. R.Sathiyavathy

24. T.Sundaresan

25. A.Anantha Rajan

26. M.S.Rajesh

27. M.Ehirajan 1/7

28.K.Arumugam 29.P.Dhanasekar 30.S.Murugan 31.C.Manivannan

32. K.S.Rajeswari

33. Gracie Joseph

34. R.Veerusamy

35. R.Prabhavathi

36. M.K.Pushpalatha 37.D.Ravichandran

38. V.Subramanian 39.A.Ashalatha

40. S.Sujatha

41. S.Saravanavisagam

42. M.Meena

43. C.Senthilkumar 44.R.Ruth Gnanamalar

45. A.Jesu Thayanand

46. S.Ramakrishnan Rajan 47.R.Kumar 48.R.Murali 49.K.Saravanan

...Petitioner

Vs

1. The Government of Tamil Nadu Rep. By its Chief Secretary Fort St.George Chennai - 9

2. The Government of Tamil Nadu Rep. By its Secretary Human Resources Management Department Fort St.George Chennai - 9

3. The Government of Tamil Nadu 2/7

Rep. By its Secretary Public Department Fort St.George Chennai - 9 4.

The Government of Tamil Nadu Rep. By is Principal Secretary Finance Department Fort St.George Chennai - 9

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to set right the pay anomaly of the petitioners on par with their juniors in finance department and upgrade their post with effect from the dates on which their juniors got promoted to higher post and consequently to provide pay and post parity within a time frame to be fixed by this Court. For Petitioner : Mr.Duraisami Senior counsel for Mr.Kandhan Duraisami For Respondents : Mr.M.Bindran Addl. Government Pleader for R1 to R3 Mr.A.Selvendran Special Government Pleader for R4

ORDER

Heard Mr.Duraisami, learned senior counsel appearing on behalf of the counsel on record for the petitioner, Mr.M.Bindran, learned 3/7

Additional Government Pleader appearing for Respondents 1 to 3 and Mr.A.Selvendran, learned Special Government Pleader appearing for the fourth respondent.

2. The petitioners herein had given several representations to the respondents from the year 2018 and the last of such representation was on 17.10.2023 to rectify the anomaly in the pay of the petitioners on par with their juniors in finance department and also to upgrade their post with effect from the dates on which their juniors got promoted to the higher post. Since the said representations were not considered, the petitioners are before this Court.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of 4/7

the India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the second and fourth respondents to consider the petitioners' representation dated 17.10.2023, on its own merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioners and that it is open to the second and fourth respondents to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

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To

1. The Chief Secretary Fort St.George Chennai - 9

2. The Government of Tamil Nadu Rep. By its Secretary Human Resources Management Department Fort St.George Chennai - 9

3. The Government of Tamil Nadu Rep. By its Secretary Public Department Fort St.George Chennai - 9

4. The Principal Secretary Finance Department Fort St.George Chennai - 9 6/7

M.S.RAMESH,J.

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