Madras High CourtWP(MD)/884/2021dismissed as infructuous

Balamurugan.M v. The Commissioner

2024-02-20Honourable Mr.Justice Mummineni Sudheer Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR & W.M.P(MD)No.743 of 2021 M.Balamurugan ... Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai-600 034 2.The Chief Audit Officer HR&CE Department Chennai-600 034 3.The Joint Commissioner/Executive Officer Arulmigu Subramaniya Swamy Thirukoil Thiruchendur-628 215 Thoothukudi District ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to fix the pay of the petitioner on the basis of the proposal dated 13.01.2020 sent by the 3rd respondent i.e., to fix initial pay of the petitioner as on 21.05.2007 (date of appointment) at Rs.15,600/- in the pay band of Rs.15,600-39100+GP 5400 as per para-I(2) of G.O(D)No.91 Tourism, Culture & Charitable Endowments (A.Ni.4-1) Dept. dated 28.06.2019 and consequently to refix petitioner's pay as on 01.01.2016 at Rs.71,100/- as per Sl.No.36 in the pay matrix in paraIi(3) and multiplication factor of 2.67 in G.O.(D)No.91 Tourism, Culture and Charitable Endowments (A.Ni.4-1) Dept. dated 28.06.2019 and grant Selection Grade Pay and increments in the revised pay matrix and grant arrears of pay and allowances within a time limit to be fixed by this Court. For Petitioner :

Mr.A.Thirumurthy For Respondents :

Mr.D.Sasikumar, AGP for R1 and 2 Mr.M.Muthugeethayan for R3

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to fix the pay of the petitioner on the basis of the proposal dated 13.01.2020 sent by the 3rd respondent i.e., to fix initial pay of the petitioner as on 21.05.2007 (date of appointment) at Rs.15,600/- in the pay band of Rs.15,600-39100+GP 5400 as per para-I(2) of G.O(D)No.91 Tourism, Culture & Charitable Endowments (A.Ni.4-1) Dept. dated 28.06.2019 and consequently to refix petitioner's pay as on 01.01.2016 at Rs. 71,100/- as per Sl.No.36 in the pay matrix in para-Ii(3) and multiplication factor of 2.67 in G.O.(D)No.91 Tourism, Culture and Charitable Endowments (A.Ni.4-1) Dept. dated 28.06.2019 and grant Selection Grade Pay and increments in the revised pay matrix and grant arrears of pay and allowances within a time limit.

2. It is represented by the learned counsel on either side that the relief sought for in this Writ Petition has become infructuous in view of the proceedings in Na.Ka.No.1867/2022/Z3 dated 04.02.2022 and Se.Mu.Na.Ka.No.27/2022/A2 dated 10.04.2022.

3. In the light of the above, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes kpr To 1.The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai-600 034 2.The Chief Audit Officer HR&CE Department Chennai-600 034 3.The Joint Commissioner/Executive Officer Arulmigu Subramaniya Swamy Thirukoil Thiruchendur-628 215 Thoothukudi District

MUMMINENI SUDHEER KUMAR, J.

kpr & W.M.P(MD)No.743 of 2021 20.02.2024