J.Babu v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33616 of 2019 and W.M.P.No.34082 of 2019 1.J.Babu 2.G.Maheshwaran 3.C.Rajasekar 4.M.Kanagaeswari 5.S.T.Ambika 6.K.Malarvizhi 7.J.Sagaya Mary Vijaya 8.E.P.Selvi 9.R.Jagathambal 10.R.Nagendran 11.S.Velusamy 12.P.Selvaraj 13.A.Kalirathinam 14.A.Poondurai 15.R.Subramanian 16.R.Sudhamathi 17.V.Ravi 18.K.Thirupathy 19.A.Ganesan 20.M.Rajasekaran 21.D.Mathiyazhagan 22.M.Raveendharan 23.S.Venugopal 24.A.Alikhan 25.V.Abimanyu 26.N.Sudhamani ... Petitioners Vs.

1.The Government of Tamilnadu, rep.by its Secretary, Finance Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Commercial Tax, Ezhilagam, Chepauk, Chennai 600 005. ...Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to extend the benefit of G.O.Ms.No.340 Finance Department, dated 26.08.2010 and

accordingly refix the pay scale of the petitioners by giving notional effect from the date of appointment and monetary benefits from 01.08.2010.

For Petitioner : Ms.Dakshayani Reddy For Respondents : Mr.Haribabu

O R D E R

By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself. 2.The case of the petitioners is that the petitioners are appointed on consolidated basis as Junior Assistants and appointed to regular vacancies through a limited competitive examination conducted by the TNPSC. Due to administrative delay, the petitioners were granted appointment in January 2010 instead of prior to 01.06.2009. The Government issued G.O.340 to accept the recommendation of the One Man Commission and directed the extension of the revised scales of pay to the individuals like the petitioners who were appointed after 01.06.2009 due to administrative delay. The petitioners have made several representations to the respondents to extend the benefit of G.O.Ms.340 to the petitioners, but the same was not considered till date. Hence, the petitioners are before this Court.

3.The learned counsel for the petitioners submitted that, it would suffice if a direction is passed to the 2nd respondent to consider the representation of the petitioners dated 04.07.2018, within a reasonable time fixed by this Court. 4.The learned counsel appearing for the respondents would accede to the submission made by the learned counsel for the petitioners and submitted that if any such representation was received by the 2nd respondent, the same will be considered on merits and in accordance with law.

5.Thus, without going into the merits of the case, this Court is inclined to direct the 2nd respondent to consider the representation of petitioners dated 04.07.2018 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 6.With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar kas

To.

1.The Secretary, Government of Tamilnadu, Finance Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Commercial Tax, Ezhilagam, Chepauk, Chennai 600 005.

+1cc to Mr.Dakshayani Reddy, Advocate, S.R.No. 99800 +1cc to the Government Pleader, S.R.No. 100393 W.P.No.33616 of 2019 MP(CO) GN(17/12/2019)