Madras High CourtWP/33374/2018disposed of

N.Devan v. The Secretary To Govt

2018-12-17Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33374 of 2018 N.Devan ....

Petitioner Vs 1.The Secretary to Government, Public Works Department Fort St.George,Secretariat, Chennai 600 009.

2.The Secretary to Government Finance Department, Fort St George Chennai 600 009.

3.The Chief Engineer (Buildings) (General) Public Works Department, Chepauk, Chennai 600 005.

4.The Chief Engineer, Public Works Department Designs Research and Constructing Support Chepauk, Chennai - 600 005.

5.The Superintending Engineer Public Works Department, Institute of Hydraulics & Hydrology, Poondy - 602 023. ..Respondents For Petitioner : M/s.M.K.Bhoopathy Raj For Respondents : Mr.A.N.Thambidurai, Special Government Pleader Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the third respondent to consider the petitioner's representation dated 09.08.2018 within a stipulated period that may be fixed by this Honourable Court.

O R D E R

The petitioner served in the Public Works Department for 28 years and retired on 30.06.2010. G.O.Ms.No.338, Finance (Pay

Cell) Department dated 26.08.2010 provided for revised scale of pay, and subequently another Government Order in G.O.Ms.No.325 Finance (Pay Cell) Department dated 22.07.2013 was passed categorising the revised pay scale to the State Government employees. Thereafter, the third respondent, by his letter dated 09.10.2014, recommended the revised pay scale with enhanced grade pay of Rs.4400/- for 21 posts, in which the post held by the petitioner was also covered. Hence, the petitioner made a representation dated 09.08.2018 to the respondents to implement the revised grade pay as per G.O.Ms.No.338 and consequently, fix his pension. The said representation did not evoke any response and therefore, the petitioner has filed the present writ petition, seeking appropriate relief.

2. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice for the respondent and submits that the representation of the petitioner would be considered.

3. Hence, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner dated 09.08.2018, in the light of G.O.Ms.No.338, Finance (Pay Cell) Department dated 26.08.2010 and G.O.Ms.No.325 Finance (Pay Cell) Department dated 22.07.2013, and pass orders thereon, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar kst To 1.The Secretary to Government, Public Works Department Fort St.George,Secretariat, Chennai 600 009.

2.The Secretary to Government Finance Department, Fort St George Chennai 600 009.

3.The Chief Engineer (Buildings) (General) Public Works Department, Chepauk, Chennai 600 005.

4.The Chief Engineer, Public Works Department Designs Research and Constructing Support Chepauk, Chennai - 600 005.

5.The Superintending Engineer Public Works Department, Institute of Hydraulics & Hydrology, Poondy - 602 023.

+1cc to Mr.M.K.Bhoopathyrajan, Advocate SR.No.87334 W.P.No.33374 of 2018 RSV(CO) GMY(22/01/2019)