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Madras High CourtWP(MD)/9869/2019disposed of

N.Raman v. The State Of Tamil Nadu,

2019-04-24Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.9869 to 9873 of 2019 N. Raman ... Petitioner in WP(MD).No.9869/19 M. Deivanai ... Petitioner in WP(MD).No.9870/19 G. Jeyanthi ... Petitioner in WP(MD).No.9871/19 T. Murugan ... Petitioner in WP(MD).No.9872/19 N. Senthil Vellammal ... Petitioner in WP(MD).No.9873/19 Vs.

1. The State of Tamil Nadu, rep. by its Secretary, Adi Dravidar and Tribal Welfare Department, Secretariat Fort. St. George, Chennai - 600 009.

2.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai -5.

3.The District Collector, Virudhunagar, Virudhunagar District.

4.The District Adi Dravidar and Tribal Welfare Office, District Collectorate Office, Virudhunagar District.

... Respondents in all the WP's COMMON PRAYER: These Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to fix the regular time scale of pay of Rs.4,800/- - Rs.1,300/- as Grade Pay as per the G.O.Ms.No.50, School Educational (Pa.Ka.4(1) Department dated 08.03.2019 from the date of appointment in accordance with law. For Petitioners : Ms. T. Mahalakshmi in all cases For respondents : Mrs. J. Padmavathy Devi Special Government Pleader in all W.Ps

COMMON ORDER These Writ Petitions are filed seeking to direct the respondents herein to fix the regular time scale of pay of Rs.4,800/- - Rs.1,300/- as Grade Pay as per G.O.Ms.No.50, School Educational (Pa.Ka.4(1)) Department dated 08.03.2019 from the date of appointment of the petitioners in accordance with law.

2. Mrs. J. Padmavathy Devi, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. According to the learned counsel for the petitioners, the issue raised in these Writ Petitions had already been decided by the Hon'ble Division Bench of this Court in WA(MD).No.1584 of 2018, dated 29.01.2019, wherein, equal work 'equal pay doctrine' adopted by the learned Single Judge of this Court in WP(MD). No.17663 of 2014, was confirmed and such payment was given to the scavengers. Since the petitioners herein being the similarly placed persons, citing the same G.O.., they have made representations dated 29.03.2019 to the respondents. Since the same have not been considered by the respondents so far, the present Writ Petitions came to be field.

4. The learned Special Government Pleader appearing for the respondents submitted that the respondents would consider the representations of the petitioners, on merits.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the respondents are directed to consider the representations made by the petitioners dated 25.03.2019, in the light of the orders passed by this Court in WP(MD).No.17663 of 2014, dated 25.01.2018, which was confirmed by the Division Bench of this Court in WA(MD).No.1584 of 2018, dated 29.01.2019 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date receipt of a copy of this order, after affording due opportunity of hearing to the petitioners.

6. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS)

To

1. Secretary, Adi Dravidar and Tribal Welfare Department, Secretariat Fort. St. George, Chennai - 600 009.

2.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai -5.

3.The District Collector, Virudhunagar, Virudhunagar District.

4.The District Adi Dravidar and Tribal Welfare Office, District Collectorate Office, Virudhunagar District.

+1 cc to The Special Government Pleader Sr.No.62444 trp W.P(MD)Nos.9869 to 9873 of 2019 24.04.2019 KM/(24.05.2019) 5P 6C