Madras High CourtWP(MD)/5025/2018allowed

R.Sakthivel, v. Principal Secretary To

2018-03-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.5025 of 2018 R.Sakthivel ... Petitioner Vs.

1. The Principal Secretary to Government of Tamil Nadu, Department of Finance (Pay Cell), Secretariat, Chennai-600 009.

2. The Principal Secretary to Government of Tamil Nadu, Department of Rural Development and Panchayat Raj, Secretariat, Chennai-600 009.

3. The Commissioner, Commissionerate of Rural Development and Panchayati Raj, Panagal Building, Saidapet, Chennai-600 015.

4. The District Collector, (PD Section), Theni District, Theni.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 23.01.2018 in view of G.O.(MS).No.71, Finance (Pay Cell) Department dated 26.02.2011 and also in view of this Court at Madras in W.P.(MD). Nos.10325 and 10326 of 2017 dated 02.08.2017 to revise the petitioner's scale of pay and consequent retirement benefits as the petitioner retired on 30.09.2000, within the stipulated time fixed by this Court.

For Petitioner : Mr.C.Masilamani For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

2.By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission. 3.The petitioner retired as Additional Block Development Officer, Kadamalaikundu-Mayiladumparai Panchayat Union on 30.09.2000. The petitioner wants to revise the Scale of Pay as per G.O.(MS).No.71, Finance (Pay Cell) Department, dated 26.02.2011. In this regard, he has given a representation dated 23.01.2018 to the respondents.

4.The learned counsel appearing for the petitioner placed reliance on the order dated 02.08.2017 passed by this Court in W.P.(MD).No.10325 & 10326 of 2017(A.Somasundaram and others Vs. The Principal Secretary to Government, Finance (Pay Cell Department), Chennai-600 009 and others), wherein a direction was given to the petitioners to send a detailed representation and on receipt of such representation, the respondents were directed to consider the same in the light of G.O.(MS).No.71, Finance (Pay Cell) Department, dated 26.02.2011.

5.The issue on hand is absolutely similar. Following the same, the respondents are directed to consider the petitioner's representation dated 23.01.2018 in view of G.O.(MS).No.71, Finance (Pay Cell) Department, dated 26.02.2011 and also revise the petitioner's scale of pay and consequently retirement benefits shall be disbursed to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. 6.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government of Tamil Nadu, Department of Finance (Pay Cell), Secretariat, Chennai-600 009.

2. The Principal Secretary to Government of Tamil Nadu, Department of Rural Development and Panchayat Raj, Secretariat, Chennai-600 009.

3. The Commissioner, Commissionerate of Rural Development and Panchayati Raj, Panagal Building, Saidapet, Chennai-600 015.

4. The District Collector, (PD Section), Theni District, Theni.

+1. CC to M/S.C.Masilamani, Advocate SR.No.54248 ORDER MADE IN W.P.(MD).No.5025 of 2018 09.03.2018 tsg MKV-PN-SAR 2/12.3.2018/3P-6C