E.Nazar v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.2486 of 2018 E.Nazar ... Petitioner -Vs1. The Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.
2. The Principal Secretary / Commissioner, Revenue Administration, Chepauk, Chennai - 600 005.
3. The Special Commissioner for Disabled, Department of Rehabilitation of the Disabled, No.5, Kamarajar Salai, Lady Wellington Campus, Chennai - 600 005.
4. The District Collector, Dindigul District, Dindigul.
5. The Tahsildar, Dindigul East Taluk, Dindigul District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the first respondent upgrading the petitioner to the time scale of pay from the Special Time Scale of Pay in par with the beneficiaries of G.O.Ms.No.151, Social Welfare & Nutritious Meal Programme Department dated 16.10.2008.
For Petitioner : Mr.B.N.Raja Mohamed For Respondents : Mr.M.Jeyakumar, Addl., Govt., Pleader
ORDER
The petitioner is employed as a Village Assistant since 2011. He is a physically challenged person. Therefore, he seeks the benefit provided in G.O.Ms.No.151, Social Welfare & Nutritious Meal Programme Department, dated 16.10.2008. Since his request was not considered, the present writ petition came to be filed. https://hcservices.ecourts.gov.in/hcservices/
2.This Court went through the contents of the said Government Order. The said Government Order is applicable only to those who are employed for more than two years on consolidated basis. In this case, it is admitted that the petitioner is presently employed in a special time scale of pay. Since he is not employed on consolidated pay, the question of applying the said G.O in the petitioner's case will not arise.
3.It is true that the petitioner is a physically challenged individual and that the said G.O.Ms.No.151, dated 16.10.2008 is a beneficial measure. But then this Court cannot stretch the language of government orders. It is evident from a plain reading of the said Government Order that the petitioner does not fall within the category spelt out therein. It is not possible for this Court to grant relief to the petitioner.
4.The writ petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.
2. The Principal Secretary / Commissioner, Revenue Administration, Chepauk, Chennai - 600 005.
3. The Special Commissioner for Disabled, Department of Rehabilitation of the Disabled, No.5, Kamarajar Salai, Lady Wellington Campus, Chennai - 600 005.
4. The District Collector, Dindigul District, Dindigul.
5. The Tahsildar, Dindigul East Taluk, Dindigul District.
+1CC to Mr.B.N.Raja Mohamed Advocate in SR.No.54295. SKM DS/SV/MMS/SAR-4 :07.05.2018: 2P/7C W.P.(MD) No.2486 of 2018 7.03.2018 https://hcservices.ecourts.gov.in/hcservices/