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Madras High CourtWP/31198/2018disposed of

P.Thangavelu v. The Govt Of Tamil Nadu

2018-11-27Honourable Dr. Justice S. Vimala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31198,31200, 31209, 31214, 31219,31223,31228, 31230,31233, 31235,31238 and 31239 of 2018 1.P.Thangavelu ... PETITIONER in WP No.31198 of 2018 2 S.KAALIMUTHU ... PETITIONER in WP No.31200 of 2018 3 R.GANAPATHY ... PETITIONER in WP No.31209 of 2018 4 C.KAALIYAPPAN ... PETITIONER in WP No.31214 of 2018 5 V.M.MURUGESAN ... PETITIONER in WP No.31219 of 2018 6 N.KARUNANIDHI ... PETITIONER in WP No.31223 of 2018 7 D.BOOPATHI ... PETITIONER in WP No.31228 of 2018 8 V.GOVINDARAJ ... PETITIONER in WP No.31230 of 2018 9 K.NATARAJAN ... PETITIONER in WP No.31233 of 2018 10 G.ELANGOVAN ... PETITIONER in WP No.31235 of 2018 11 G. ASHOK KUMAR ... PETITIONER in WP No.31238 of 2018 12 M.CHITRARASAN ... PETITIONER in WP No.31239 of 2018 Vs 1.The Government of Tamil Nadu Rep.by its Principal Secretary to Government Finance Department, Secretariat, Fort St.George Chennai - 600 009.

2.The Principal Secretary Personnel & Administrative Reforms Department Secretariat, Fort St.George, Chennai-600 009. 3.The Director Local Fund Audit Department Nandanam, Chennai 600 035.

4.The Chief Internal Auditor Internal Audit and Statutory Board Audit Department Nandanam, Chennai 600 035.

.... Respondents For Petitioner in all petitions :

Mr.R.Jayaprakash For Respondents in allpetitions :

Mr.A.N.Thambidurai Special Government Pleader Prayer in WP No.31198/2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to pay the difference in pay due to

the anamoly in fixation of pay by considering the petitioners representation dated 01.03.2018.

WP No.31200 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to disburse the difference in pay due to the anomaly in fixation of pay in light of the proceedings of the 1st respodent in NA.KA.NO 13948/E1/2015-2 Dated 30-8-2016. WP No.31209 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay in light of the proceedings of the 3rd respodent in O.MU.NO.U.NI.MU(2)/13516/2018 Dated 11-5-20108. WP No.31214 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay in by considering the Petitioners representation dated 5-6-2018.

WP No.31219 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay in by considering the Petitioners representation dated 22-12-2015.

WP No.31223 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay in by considering the Petitioners representation dated 6-10-2015.

WP No.31228 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay in the light of proceedings of the 1st respodent in Letter NO 21841/UNI/2018-1 dated 15-5-2018. WP No.31230 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay by considering the petitioners representation dated 17-10-2018.

WP No.31233 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay by considering the petitioners representation dated 16-8-2016.

WP No.31235 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the difference in pay due to the anomaly in fixation of pay by considering the petitioners representation dated 28-2-2018.

WP No.31238 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the difference in pay due to the anomaly in fixation of pay by considering the petitioners representation dated 27-3-2018.

WP No.31239 of 2018 : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to Disburse the difference in pay due to the anomaly in fixation of pay by considering the petitioners representation dated 4-7-2018.

COMMON ORDER These writ petitions are filed seeking direction to the respondents to pay the difference in pay due to anamoly in fixation of pay by considering the petitioners' representations.

2. The petitioners have joined the Government Service initially as Assistant Inspector, Local Fund Audit Department through TNPSC. Thereafter, the petitioners have been promoted to the post of Deputy Inspector and subsequently promoted to the post of Inspector. Thereafter, the petitioners retired from the service as Assistant Director on different dates. It is the claim of the petitioners that there is anamoly in fixation of pay between the seniors and the petitioners. The petitioners state that the first respondent is the competent authority to rectify the anamoly in the fixation of pay as per the proceeding of the Government in Letter No.45113/U.Ku/2009-1, Finance Department dated 17.08.2009. However, even after several representations, the request of the petitioners have not been considered. Hence, the petitioners have filed the present writ petitions.

2. Mr.A.N.Thambidurai, learned * Special Government Pleader takes notice for the respondents.

3. The earlier order passed by the Government dated 31.07.2017 has been brought to the notice of this Court. Under the circumstances, the representations of the petitioners submitted on various dates, is directed to be considered by the *Third respondent and the proposals shall be forwarded to the

first respondent for consideration, within a period of six weeks from the date of receipt of a copy of this order and the first respondent, after receipt of the proposals from the * concerned Respondent, shall consider the proposals and pass final orders within a period of four weeks thereafter. The writ petitions are disposed of with the above directions. No costs. Sd/- Assistant Registrar(CS-IV ) * Corrected order to be issued 12.12.2018 as per order dated 09.01.2019 in WP.Nos.31198 of 2018 etc., batch Sd/- Assistant Registrar (cs iv) 04.02.2019 //True copy// Sub Assistant Registrar To 1.

The Principal Secretary to Government Finance Department, Secretariat, Fort St.George, Chennai - 600 009.

2.

The Principal Secretary Personnel & Administrative To be Substituted to Reforms Department the order already Secretariat, Fort St.George, despatched on Chennai-600 009.

17.12.2018 3.

The Director Local Fund Audit Department Nandanam, Chennai 600 035.

4.

The Chief Internal Auditor Internal Audit and Statutory Board Audit Department Nandanam, Chennai 600 035.

+1cc to Mr.R.Jayaprakash, Advocate SR.No.2679 +1cc to Government Pleader SR.No.2724 W.P.No.31198,31200, 31209, 31214, 31219 31223,31228,31230, 31233,31235,31238 and 31239 of 2018 TM(CO) GMY(13/12/2018) CS/05/02/2019