T.R.Raja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN T.R.Raja ... Petitioner ..Vs..

1. The Commissioner, Hindu Religious & Charitable Endowment Committee, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, The Arulmigu Lakshmi Narashsimma Swamy Thirukoil, Kondapalayam, Sholinghur - 631 102, Ranipet District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondent to consider the petitioner's representation letter dated 21.06.2023 and consequently direct the respondents to pay the arrears in salary and the pension benefits. For Petitioner : Mr.M.Venkadesh Kumar For Respondents : Mr. S.Ravichandran Additional Government Pleader (HR & CE)

ORDER

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

2. The Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 21.06.2023 and consequently direct the respondents to pay the arrears in salary and the pension benefits.

3. The case of the petitioner is that he is a senior citizen. He was initially appointed as Nadaswaram Vidwan in the Temple of Arulmigu Narashimma Thirukoil, Sholingur, Vellore District during the year 1999 and his appointment was confirmed by the second respondent by order dated 01.06.2017. Thereafter, he attained the age of superannuation on 01.06.2017. The petitioner's salary was fixed at the rate of Rs.1,800/- at the time of his appointment. In the meantime, the Government of Tamil Nadu issued a G.O.2 (T) No.16, Tamil Nadu Development and Information Department, dated 27.02.2009, which stated that the salary for classical musicians, such as Nadaswara Vidwans, should be paid at the rate of Rs.4000-100-6000 from the date of 01.07.1997. However, the petitioner did not receive his salary as per the rate fixed in the said 2/5

Government Order. Therefore, the petitioner made a representation dated 21.06.2023 to the second respondent to pay the arrears in salary and the pension benefits, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned Additional Government Pleader appearing for the respondents submitted that the respondents will consider the representation of the petitioner, dated 21.06.2023, in accordance with law, within a time frame fixed by this Court.

6. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the respondents are directed to consider the representation dated 21.06.2023 made by the petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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

03.01.2025 Index : Yes/No Internet : Yes/No kv To

1. The Commissioner, Hindu Religious & Charitable Endowment Committee, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, The Arulmigu Lakshmi Narashsimma Swamy Thirukoil, Kondapalayam, Sholinghur - 631 102, Ranipet District.

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V.BHAVANI SUBBAROYAN,J.

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