K.Rajamanickam, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.26137 of 2017 K.Rajamanickam

...Petitioner

Vs 1.The Secretary to Government, Municipal Administration, And Water Supply Department, Fort St.George, Chennai-600 009.

2.The Director of Town, Panchayat, Kuralagam, Chennai-600 106.

3.The Assistant Director of Town Panchayat, Coimbatore Region, Coimbatore Collectorate, Coimbatore-18.

4.The Executive Officer, Vellalur Town Panchayat, Vellalur, Coimbatore District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus by way of directing the first respondent to implement the G.O.Ms.No.155 dated 09.03.2015 passed by the first respondent and accordingly the petitioner has to bring into time scale of pay with arrears. For Petitioner :

Mr.P.S.Jayakumar For R1 to R3 :

Mr.C.Selvaraj Additional Government Pleader For R4 :

Mr.V.Jayaprakash Narayanan

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus for directing the first respondent to implement G.O.Ms.No.155 of 2015 dated 09.03.2015, passed by the first respondent and consequently bring the petitioner into time scale of pay, together with an order for payment of arrears of the salaries. The petitioner herein is aggrieved against the inaction on the part of the respondents in failing to bring him under regular time scale of pay, though, his name was included in G.O.Ms.No.155 of 2015.

2. Today when the matter was called, the learned Government Pleader produced copy of the proceedings of the 4th respondent herein dated 27.03.2017 which evidences that the petitioner herein was brought under regular time scale of pay, with effect from 23.06.2006. It is also his statement that the petitioner now has retired from his service. As such, the prayer sought for in the present Writ Petition has become infructuous.

3. The learned Counsel for the petitioner would submit that in case the petitioner has not been paid the arrears of salary pursuant to his regularization with effect from 23.06.2006, liberty may be granted to him to make a claim. The request of the learned Counsel for the petitioner is hereby granted.

4. In light of the above observations, this Writ Petition 26137 of 2017 stands closed with the above liberty. No costs. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar gd To 1.The Secretary to Government, Municipal Administration, And Water Supply Department, Fort St.George, Chennai-600 009.

2.The Director of Town, Panchayat, Kuralagam, Chennai-600 106.

3.The Assistant Director of Town Panchayat, Coimbatore Region, Coimbatore Collectorate, Coimbatore-18.

4.The Executive Officer, Vellalur Town Panchayat, Vellalur, Coimbatore District.

+1cc to Mr.P.S.Jayakumar, Advocate SR. No.65216 (31/01/2022) +1cc to Government Pleader SR. No. 66127 (31/01/2022) W.P.No.26137 of 2017 MG (CO) PR (16/12/2021)