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Madras High CourtWP(MD)/3566/2018disposed of

M.Chenniveeran v. The Agricultural Production

2018-02-21Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.3566 and 3567 of 2018 M.Chenniveeran

...Petitioner in W.P.(MD)No.3566 of 2018

K.Karuppasamy

...Petitioner in W.P.(MD)No.3567 of 2018

Vs.

1. The Agricultural Production Commissioner and Principal Secretary to Government, Secretariat, Chennai-600 009.

2. The Director of Agriculture, Chepauk, Chennai-600 005.

3. The Joint Director of Agriculture, Theni, Theni District.

... Respondents in both W.Ps.

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e. the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Chennai to pass appropriate orders on the petitioner's representation dated 29.11.2017 based on G.O.M.S.No.340 Finance (Pay Cell) Department dated 26.08.2010 by extending the benefits to the petitioner also, within a specified time frame that may be fixed by this Court since he was also selected earlier but joined duty belatedly due to administrative reasons.

For Petitioners : Mr.S.Visvalingam For Respondents : Mr.S.Srimathy, Special Government Pleader (in both W.Ps)

COMMON ORDER Mrs.S.Srimathy, learned Special Government Pleader, takes notice on behalf of the respondents.

2.By consent of both the parties, the main Writ Petitions themselves are taken up for final disposal at the stage of admission itself.

3.Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents.

4.The petitioners are working as Assistants in the office of the third respondent. Their grievance is that there is a pay anomaly between themselves and those who were Junior Assistants/Agricultural Officers recruited by the Tamil Nadu Public Service Commission in March 2009 and May 2009, who joined on or after 01.06.2009. In this regard, G.O.(Ms).No.340 (Pay Cell Department), dated 26.08.2010, was issued and it was decided to allow the benefits to the seniors who joined subsequently i.e. after 01.06.2009 for administrative reasons. The petitioners have given representations dated 29.11.2017 to the Government, seeking extension to the benefits conferred in the said G.O.(Ms).No.340 (Pay Cell Department), dated 26.08.2010, to themselves also. All that, the petitioners now want is passing of orders on the said representations.

4.The first respondent is, therefore, directed to dispose of the said representations and pass appropriate orders on merits and in accordance with law on or before 30.05.2018. 5.The Writ Petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Agricultural Production Commissioner and Principal Secretary to Government, Secretariat, Chennai-600 009.

2. The Director of Agriculture, Chepauk, Chennai-600 005.

3. The Joint Director of Agriculture, Theni, Theni District.

+1cc to The Spl. Government Pleader Sr.No.50775 +1cc to Mr.S.Visvalingam, Advocate Sr.No.49956 & 49957 TSG VB/SV/MMS/SAR1/24.04.2018/3P/6C W.P.(MD).Nos.3566 and 3567 of 2018 21.02.2018