A.Subramanian S/O. Andi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018
CORAM:
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.10099 of 2018
1) A. Subramanian, S/o.Andi, Part-time Sweeper, Branch Library - Melakidaram, Ramanathapuram District.
2) S. Nagalakshmi, W/o.Sekar, .
Part-time Sweeper, Branch Library - Abiramam, Ramanathapuram District.
3) R. Nagarajan, S/o.Ramu, Part-time Sweeper, Branch Library -Pottagavayal, Ramanathapuram District.
4) M.Amal, S/o.Madhanarayar, Part-time Sweeper, Branch Library - Kamuthi, Ramanathapuram District.
... 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, Ramanathapuram District.Ramanathapuram ... 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 01.10.2010 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 01.10.2010 with all consequential service and monetary benefits. 2.I have heard Mr.M.Kannan, learned counsel for the petitioners and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.
3.The learned counsel for the petitioners submits that, the petitioners have been working as part-time sweepers at the third respondent office for more than a period of 10 years. However, their service, till now, has not been regularised. Therefore, the petitioners wanted to get relief for regularisation based on G.O.Ms.No.385 dated 01.10.2010 issued by the Finance (Paycell) Department. Therefore, in this regard, they made representations to the respondents on 28.03.2018 and if the said representation is directed to be considered on merits and in accordance with law and if an order to that effect is directed to be passed, the petitioners would be satisfied.
4.I have heard Mr.K.Saravanan, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioners dated 28.03.2018 would be considered on merits and order to that effect to be passed, within the time frame stipulated by this Court.
5.In view of the said submissions made by the learned Government Advocate appearing for the respondents, this Writ Petition is disposed of with the following direction:- "that, the third respondent is directed to pass orders on the representation of the petitioners dated 28.03.2018 with regard to their grievance of regularisation, by providing them with the special time scale of pay and pass orders on merits and in accordance with law, within a period of eight 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(W) /True Copy/ Sub Assistant Assistant
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
3) The District Library Officer, Ramanathapuram District,Ramanathapuram.
+4cc to Mr.M.Kannan, Advocate, Sr.No.64600 +1cc to Spl. Government Pleader, Sr.No.64968 W.P.(MD)No.10099 of 2018 28.04.2018 STS VE/SV MMS/SAR 4/05.06.2018/3P/9C