← Library
Madras High CourtWP(MD)/8541/2018disposed of

G.Karunanithi v. The Secretary To Government Of

2018-04-18Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8541 of 2018

1) G.Karunanithi

2) M.Senthamarai

3) P.Indirani

4) M.Mala

5) R.Sivakami

6) S.Selvarani

7) T.Thilagavathi

...Petitioners

Vs.

1) The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai 600 009

2) The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of the Public Libraries, Anna Salai, Chennai 600 002

3) The District Library Officer, Thanjavur District, Thanjavur.

4) The District Library Officer, Trichy District, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant special time scale of pay of Rs.1300-3000+ Grade pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Paycell) Department dated 1.10.2010 with all consequential service and monetary benefits.

For Petitioners : Mr.M.Kannan For Respondents : Mr.K.Saravanan, Government Advocate.

O R D E R

The prayer sought for in this Writ Petition is to issue a Writ of Mandamus, directing the respondents to grant special time scale of pay of Rs.1300-3000+ Grade pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Paycell) Department dated 1.10.2010 with all consequential service and monetary benefits.

2. The learned counsel for the petitioners would submit that, with regard to the grant of special time scale of pay to the petitioners, they have approached the respondents by submitting individual representations on various dates viz.,06.12.2017, 31.01.2018, 6.12.2017, 31.01.2018, 29.12.2017, 31.01.2018 and 31.01.2018 respectively. Insofar as petitioners 1 to 6 are concerned, the said representations are to be considered by the third respondent and in respect of the 7th petitioner, her representation shall be considered by the fourth respondent. Therefore, the learned counsel for the petitioner would submit that, if a direction is given to the respective respondents to consider the representations of the petitioners and if an order to that effect is passed, the petitioners would be satisfied.

3. I have heard Mr.K.Saravanan, learned Government Advocate, who would submit that, the said representations would be considered on merits and in accordance with law, if already not considered.

4. In view of the submissions made by both sides, this writ petition is disposed of at the admission stage itself, with the consent of both sides, with the following direction:- "That the third respondent is hereby directed to consider the representations dated 06.12.2017, 31.01.2018, 6.12.2017, 31.01.2018, 29.12.2017 and 31.01.2018 submitted by the petitioners 1 to 6 respectively and the fourth respondent is directed to consider the representation of the 7th petitioner dated 31.01.2018. Both the 3rd and 4th respondents, are further directed to pass orders on such representations on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

6. However, there shall be no order as to costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar

To

1) The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai 600 009

2) The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of the Public Libraries, Anna Salai, Chennai 600 002

4) The District Library Officer, Thanjavur District, Thanjavur.

5) The District Library Officer, Trichy District, Trichy.

+ 7 cc TO Mr.M.Kannan , Advocate in SR No. 61976 + 1 cc TO The Special Government Pleader in SR No. 62500 sts AE/KKR/SAR2/04.06.2018/3P/14C Order in W.P.(MD)No.8541 of 2018 18.04.2018