Madras High CourtWP/18261/2017allowed

K.Paramasivam v. The Government Of Tamilnadu

2023-07-19Honourable Mr Justice C.V. Karthikeyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2023

CORAM

THE HON'BLE Mr. JUSTICE C. V. KARTHIKEYAN W.P.No.18261 of 2017 and W.M.P.No.19838 of 2017 1.K. Paramasivam 2.R. Bharathi 3.O. Sankar 4.N. Jayakodi .. Petitioners Vs.

1.The Government of Tamil Nadu Rep. by the Secretary, Home Department, Fort St. George, Chennai - 600 009.

2.The Director of General of Police, Tamilnadu, DGP Office, Chennai - 4.

3.The Inspector General of Police, Central Zone, Trichirapalli, Trichirapalli District.

4.The Superintendent of Police, District Police Office, Ariyalur, Ariyalur District.

5.The Inspector of Police, Udayarpalayam Police Station, Kaikolathur, Ariyalur, Ariyalur District - 621 802.

6.The Deputy Superintendent of of Police, Ariyalur Police Station, Ariyalur, Ariyalur District.

7.The Inspector of Police, Ariyalur Police Station, Ariyalur, Ariyalur District.

8.The Inspector of Police, Jayankondam Police Station, Ariyalur District - 621 802.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay Special Time Scale Pay with all other allowance from 15.09.2010 in terms of the G.O.Ms.No.385 Fin (pay) Dept. dated 01.10.2010 and the order of the 3rd respondent in his proceedings in Na.Ka.No.A2/3162/2012 dated 28.03.2012 and 14.03.2014 and consequently direct the respondents to fix the salary of the petitioners in the scale of pay of Rs.4800-10000+1300 G.P (Regular time scale pay) along with annual increments and other benefits from 15.09.2013 after adjusting the consolidated pay paid from 15.09.2010.

For Petitioners ..

Mr. V. Krishnamurthy For Respondents ..

Mr. S. Ravikumar, SGP

ORDER

The petitioners places reliance on the order of a learned Single Judge in W.P.(MD).No.17663 of 2014, School Education Department, Scavengers Welfare Association, Rep.by its Secretary Vs. the Principal Secretary, School Education Department dated 25.01.2018. There was an appeal from that particular order in W.A.(MD) No.1584 of 2018 dated 29.01.2019. The petitioners seek implementation of the order in the writ appeal, which confirmed the earlier order passed in the writ petition. This order would apply irrespective of the department in which the petitioners or eligible person is working.

2.It is stated by the learned Special Government Pleader that consequent to the directions of the Division Bench, the respondents had passed G.O.Ms.No.50 School Education Department dated 08.03.2019. As stated this would apply to the petitioners, though the petitioners were working in another department. The Government Order had been passed in

confirmation with the directions of the writ petition, wherein, the crucial order is as follows:

"The offending clause 2(i) in the impugned G.O.(MS) No.47, School Education (R.1) Department, dated 02.03.2012 is struck down as unconstitutional. A direction shall issue to place the scavenger who were appointed as per G.O.(Ms).No.47, School Education (R.1) Department dated 02.03.2012 on par with the other scavengers working in education department and who are receiving the regular time scale of pay i.e Rs.4,800-10,000 + Grade Pay Rs.1,300/- from the date of their appointment. The members of the petitioner's Association will be entitled to the benefit of this Revision and placement in the higher pay scale notionally from the date of their appointment and with monetary effect from the date of passing of this order.

The respondent is directed to issue appropriate orders in this regard within a period of eight weeks from the date of receipt of a copy of this order." 3.A direction is given to the respondents to comply with the directions of the this Court in the writ petition and writ appeal and also the Government order within a period of four months from the date of receipt of a copy of this order. No further orders are required.

Petition stands allowed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

19.07.2023 Index:Yes/No Internet:Yes/No Speaking order: Yes/No smv To 1.The Secretary, Home Department, Fort St. George, Chennai - 600 009.