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Madras High CourtWP/30041/2018disposed of

M.A.Margabandu, v. The State Of Tamil Nadu,

2018-11-15Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.30041 of 2018 M.A.Margabandu ....Petitioner Vs 1.The State of Tamil Nadu Rep.by the Secretary to Government School Education Department Secretariat, Chennai 600 009.

2.The Director of Public Libraries Anna Salai, Chennai - 600 002.

3.The District Library Officer Vellore District, Vellore.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 23.08.2018 for grant of special time scale of pay of Rs.1300-3000 plus Grade Pay of Rs.300 as per G.O.Ms.No.385 Finance (Pay Cell) Department dated 01.10.2010 and in the light of G.O.(2D) No.129 School Education (Ni.Va.4(2) Department dated 31.05.2016, G.O.(2D) No.239, School Education (Ni.Va.4(2)) Department dated 07.09.2016 and G.O.(2D) No.27 School Education (Ni.Va.4(2)) Department dated 11.05.2017. For Petitioner :

M/s.R.Prem Narayan For Respondent :

Mrs.P.Kavitha Government Advocate (Education)

O R D E R

The petitioner herein was appointed as Part Time Sweeper at Branch Library, Anaicut, Vellore District. Based on G.O.Ms.No.385 Finance (Pay Cell) Department dated 01.10.2010, the first respondent issued G.O .(2D) No.129 School Education (Ni.Va.4(2)) Department dated 31.05.2016, G.O.(2D) No.239, School Education (Ni.Va.4(2)) Department dated 07.09.2016 and G.O.(2D) No.27 School Education (Ni.Va.4(2)) Department dated 11.05.2017, granting Special Time Scale of Pay to the persons who were working as Part Time Sweepers in various branch libraries. The petitioner made a representation dated 23.08.2018 requesting the first respondent to grant him the special time scale of pay as per G.O.Ms.No.385, Finance (Paycell) Department https://hcservices.ecourts.gov.in/hcservices/

dated 01.10.2010, but the same has not been responded to, which has made the petitioner to file the present writ petition.

2. Ms.P.Kavitha, learned Government Advocate (Education) takes notice for the respondents.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. In view of the limited relief sought for, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would be suffice to direct the respondents to consider the representation of the petitioner dated 23.08.2018 and pass orders on the same within a particular time frame.

5. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 23.08.2018 in the light of the Government Orders mentioned supra and pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Kst To 1.The State of Tamil Nadu Rep.by the Secretary to Government School Education Department Secretariat, Chennai 600 009.

2.The Director of Public Libraries Anna Salai, Chennai - 600 002.

3.The District Library Officer Vellore District, Vellore.

+1cc to Mr.R.Prem Narayan, Advocate, S.R.No.77923 +1cc to the Government Pleader, S.R.No.78787 W.P.No.30041 of 2018 JP(CO) rrs 12/12/2018 https://hcservices.ecourts.gov.in/hcservices/