A.Ganesan @ Jacob v. Principal Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5832 of 2019 A.Ganesan @ Jacob ... Petitioner vs 1.The Principal Secretary to Government, Finance (PC) Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Engineer-in-Chief, P.W.D., Department, Chepauk, Chennai-600 005.
3.The Office of the Accountant General, (Accounts & Entitlements), Tamil Nadu, 361 Anna Salai, Teynampet, Chennai-600 018.
4.The Executive Engineer, Public Work Department (W&O), Building Quality & Control Division, Trichy District.
... Respondents
5. The Secretary to Government, Public Works Department, Fort St.George, Chennai-600 009.
(R.5 was newly suo motu impleaded by the order of this Court, dated 20.03.2019) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to revise and re-fix his pay scale notionally as Rs.9,300-34,800+4,200 with effect from 01.08.2010 and pay the arrears together with interest of 9% per annum and pay the revised pension regularly without any delay within a stipulated time as fixed by this Court.
For Petitioner : Mr.D.Selvanayagam For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader for R.1, R.2, R.4 and R.5 : Mr.P.Gunasekaran for R.3
ORDER
The prayer made in this writ petition is to direct the respondents to revise and re-fix his pay scale notionally as Rs.9,300-34,800+4,200 with effect from 01.08.2010 and pay the arrears together with interest at 9% per annum and also pay the revised pension regularly, without any delay, within the stipulated time as fixed by this Court.
2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1, 2, 4 and 5and the learned Counsel appearing for the third respondent and also perused the materials available on record.
3. Considering the nature of relief sought for herein and due to paucity of time, this Court is inclined to suo motu implead the Secretary to Government, Public Works Department, Fort St.George, Chennai-600 009 as party respondent in this Writ Petition.
4. Mrs.J.Padmavathy Devi, learned Special Government Pleader taking notice for the newly impleaded respondent, submitted that the claim of the petitioner would be considered on merits and appropriate orders be passed by the impleaded respondent, within a time frame to be fixed by this Court.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Counsel on either side, the newly impleaded respondent is directed to take a decision on the claim of the petitioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the third respondent. On receipt of such communication, appropriate decision will be taken by the third respondent as expeditiously as possible.
6. The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS)
To 1.The Principal Secretary to Government of Tamil Nadu, Finance (PC) Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Engineer-in-Chief, P.W.D., Department, Chepauk, Chennai-600 005.
3.The Office of the Accountant General, (Accounts & Entitlements), Tamil Nadu, 361 Anna Salai, Teynampet, Chennai-600 018.
4.The Executive Engineer, Public Work Department (W&O), Building Quality & Control Division, Trichy District.
5. The Secretary to Government of Tamil Nadu, Public Works Department, Fort St.George, Chennai-600 009.
+1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-56353[F] dated 25/03/2019 ) ssl W.P(MD) No.5832 of 2019 20.03.2019 KM/(22.04.2019) 3P 7C