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Madras High CourtWP(MD)/11178/2015disposed of

Karuppiah.K. v. The State Of Tamilnadu

2017-04-04Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11178 of 2015 Karuppiah.K .. Petitioner Vs.

1. The State of Tamilnadu, Rep by its Secretary to Government, Department of Finance (PC), Fort St. George, Chennai - 600 009.

2. The State of Tamilnadu, Rep. by its Secretary to Government, Department of Adi Dravidar and Tribal Welfare, Fort St. George, Chennai - 600 009.

3. The Account General (Accounts and Entitlements) Tamilnadu, 361, Anna Salai, Chennai - 600 018.

4. The Commissioner of Adi Dravidar and Tribal Welfare, Office of Directorate, Chepauk, Chennai - 600 005.

5. The District Adi Dravidar and Tribal Welfare Officer, Office of the District Adi Dravidar and Tribal Welfare Officer, Virudhunagar District.

6. The Special Tashildar, Adi Dravidar Welfare Office, Srivilliputhur, Virudhunagar District.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to extend the benefit of the G.O.Ms.No.58, Adi Dravidar and Tribal Welfare Department (ADW-7), dated 24.07.2014 in the light of the orders of this Hon'ble Court in W.P.No.6423 of 2011 dated 14.03.2011 and W.P.No.14036 of 2011 dated 16.06.2011 based on the petitioner's representation dated 22.06.2015 and

accordingly award selection/special grade of pay with effect from 01.06.1988 and revision of pensionary benefits and pay arrears within a time frame as may be fixed by this Court. For Petitioner : Mr.V.Muthuvelan For Respondent 1, 2,4 ,5 & 6 : Mr.J.Gunaseelan Mauthiah Government Advocate For Respondent 3 : Mr.P.Gunasekaran Standing Counsel

O R D E R

This Writ Petition has been filed by the petitioner for directing the respondent, to extend the benefit of the G.O.Ms.No.58, Adi Dravidar and Tribal Welfare Department (ADW-7), dated 24.07.2014 and accordingly to award selection/special grade of pay with effect from 01.06.1988 and revision of pensionary benefits and pay arrears.

2.Heard Mr.V.Muthuvelan, learned counsel for the petitioner and Mr.J.Gunaseelan Mauthiah, learned Government Advocate appearing for the respondents 1, 2, 4, 5 & 6 and Mr.P.Gunasekaran, Standing Counsel appearing for the third respondent.

3. The petitioner seeks to get a direction to the respondents to extend the benefit of G.O.Ms.No.58, Adi Dravidar and Tribal Welfare Department (ADW-7), dated 24.07.2014, in the light of the earlier orders passed by this Court. The learned Counsel for the respondents submitted that the fifth respondent in the Writ Petition has already recommended the case of the petitioner before the third respondent vide communication dated 25.07.2016 which is also produced before this Court. This communication is regarding the entitlement of the petitioner to get revised pensionary benefits in terms of G.O.Ms.No.58 dated 24.07.2014 and the proposals for Revised Pensionary Benefits has already been recommended in the case of the petitioner. 4.

This Court find merit in the Writ Petition and the Writ Petition is disposed of with a direction to the third respondent to extend the benefit of G.O.Ms.No.58, Adi Dravidar and Tribal Welfare Department (ADW-7), dated 24.07.2014 in the case of the petitioner and consider the award of Selection/Special grade pay to the petitioner with effect from 01.06.1988 and revision of pensionary benefits and pay arrears in terms of the recommendations of the fifth respondent by his letter dated 25.07.2016 within a period of six weeks from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Department of Finance (PC), Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Department of Adi Dravidar and Tribal Welfare, Fort St. George, Chennai - 600 009.

3. The Account General (Accounts and Entitlements) Tamilnadu, 361, Anna Salai, Chennai - 600 018.

4. The Commissioner of Adi Dravidar and Tribal Welfare, Office of Directorate, Chepauk, Chennai - 600 005,

5. The District Adi Dravidar and Tribal Welfare Officer, Office of the District Adi Dravidar and Tribal Welfare Officer, Virudhunagar District.

6. The Special Tashildar, Adi Dravidar Welfare Office, Srivilliputhur, + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 19404 + 1 CC TO Mr.V.MUTHUVELAN, ADVOCATE IN SR No. 19138 KM/MR TE/KP/SAR-III : 19/04/2017 : 3P/9C ORDER MADE IN W.P.(MD).No.11178 of 2015 04.04.2017