S.Gopal v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.14673 of 2018 S.Gopal ... Petitioner Vs.

1.The Secretary, Finance (Expenditure) Department/One Man Committee on Tamil Nadu Revised Pay Rules, 2017 The Government of Tamil Nadu, Fort St. George, Secretariat, Chennai.

2.The Additional Chief Secretary, Finance Department, The Government of Tamilnadu, Fort St. George, Secretariat, Chennai.

3.The Secretary, Tamil Development/ Stationery and Printing Department, The Government of Tamilnadu, Fort St. George, Secretariat, Chennai.

... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representations dated 27.04.2018, 16.05.2018 and 18.05.2018 in proper prospective after providing personal hearing to the petitioner by the one man committee/1st respondent herein, for to redress the grievances of the petitioner by removing the anomalies between technical post and warehouse staffs in the department of Stationeries and Printings. For Petitioner : Mr.TR.Raja Karthikeyan For Respondents : Mr.K.Saravanan, G.A.

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the first respondent to consider the petitioner's representations dated 27.04.2018, 16.05.2018 and 18.05.2018 in proper prospective after providing personal hearing to the petitioner by the one man committee/1st respondent herein, for to

redress the grievances of the petitioner by removing the anomalies between technical post and warehouse staffs in the department of Stationery and Printings.

2.Heard Mr.R.Raja Karthikeyan, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that, even though the petitioner was retired on 30.06.2007, for the past 11 years, he has been struggling for getting the correct pay/pension as there had been pay anomaly and disparity between the petitioner and similarly placed persons for long years. In this regard, the petitioner had given number of representations to the first respondent i.e. One Man Commission to redress the grievance with regard to the pay disparity of Government Employees on 27.04.2018, 16.05.2018 and 18.05.2018. Therefore, the learned counsel appearing for the petitioner would submit that if those representations of the petitioner are directed to be considered by the first respondent on merits and an order to that effect is passed with regard to the grievance of the petitioner, within a time frame, the petitioner would be satisfied.

4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the first respondent's period would be lapsed by 31.07.2018 and therefore, before it ends, the first respondent would consider the request of the petitioner through the representations referred to above and an order to that effect would be passed on merits.

5.Considering the said submissions made by both side, this Court is inclined to pass the following order: "The first respondent is directed to consider the representations of the petitioner dated 27.04.2018, 16.05.2018 and 18.05.2018 and decide the same on merits and in accordance with law, with regard to the grievance of the petitioner on pay disparity and if so, remove such disparity and pass necessary orders including the correct pay for the petitioner and accordingly, calculate the arrears, if any, in case, if the disparity is decided in favour of the petitioner and settle the same at the earliest. At any rate, necessary orders shall be passed by the first respondent on or before 31.07.2018. 6.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar

To 1.The Secretary, Finance (Expenditure) Department/One Man Committee on Tamil Nadu Revised Pay Rules, 2017 The Government of Tamil Nadu, Fort St. George, Secretariat, Chennai.

2.The Additional Chief Secretary, Finance Department, The Government of Tamilnadu, Fort St. George, Secretariat, Chennai.

3.The Secretary, Tamil Development/ Stationery and Printing Department, The Government of Tamilnadu, Fort St. George, Secretariat, Chennai.

+1cc to Special Government Pleader, SR.No.71932. +1cc to Mr.TR.Raja Karthikeyan, Advocate, SR.No.71859. W.P(MD)No.14673 of 2018 09.07.2018 arul RAM/RP/SAR 1/10.07.2018/3P/6C