S.Paramasivan, v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3730 of 2018 and W.M.P.(MD)No.3879 of 2018 1.S.Paramasivan 2.S.P.Sakthikumar ... Petitioners Vs.

1.The Registrar, Anna University, Chennai - 600 025.

2.The Dean, Anna University Regional Campus - Tirunelveli, Tirunelveli - 627 007.

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to to provide yearly increments from 2012 and the 7th Pay Commission revision of wages to the petitioners and to provide all consequential benefits to the petitioners.

For Petitioners : M/s.D.Geetha, for Mr.R.Diwakaran For Respondents : Mr.K.Govindarajan

ORDER

The petitioners are working as temporary staff in Anna University. It is not in dispute that they have been placed in timescale. The prayer in the writ petition is for providing yearly increment from 2012 and for revision of their wages in the light of the 7th Pay Commission recommendations. It is not in dispute that the regular employees have been conferred such benefits. Merely because the writ petitioners are the temporary staff, they cannot be denied the benefits.

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2. The Hon'ble Supreme Court in the decision reported in (2017) 1 SCC 148 [State of Punjab vs. Jagjit Singh] has held that the

principle of equal pay for equal work is applicable to temporary employees also. Therefore, the Mandamus sought for by the writ petitioners deserves to be issued. The benefits payable to the petitioners shall be quantified and shall be disbursed within a period of eight weeks from the date of receipt of a copy of this order.

3. The learned Standing Counsel appearing for Anna University pointed out that this order cannot be taken advantage of while considering their plea for regularisation.

4. Accepting the submission made by the learned Standing Counsel appearing for Anna University, the Writ Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar T0 1.The Registrar, Anna University, Chennai - 600 025.

2.The Dean, Anna University Regional Campus - Tirunelveli, Tirunelveli - 627 007.

+1cc to Mr.K.Govindarajan, Advocate, SR.No.57684 +1cc to M/s.R.Diwakaran, Advocate, SR.No.57126 sm RL/5C/2P/SV/MMS/SAR2/2/5/2018 Order made in W.P.(MD)No.3730 of 2018 and W.M.P.(MD)No.3879 of 2018 Dated:

21.03.2018 https://hcservices.ecourts.gov.in/hcservices/