T.Kannadasan v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.8784 of 2014 and M.P.(MD)No.2 of 2014 1.T.Kannadasan 2.K.Mayandi 3.S.Murugaiah ... Petitioners Vs 1.The Secretary to Government, Hindu Religious and Charitable Endowment Department, Secretariat, Chennai.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.
... Respondents in all petitions 3.J.Muthamilselvan 4.P.Radhakrishnan 5.S.Ramesh Kumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, by calling for the records in Na.Ka.No.6930/2010/U1 dated 08.01.2013 on the file of the second respondent as the same is illegal and discriminatory and quash the same and consequently direct the first respondent to fix the salary of the petitioner as that of the respondents 3 to 5 within arrears.
For Petitioner : Mr.N.Sivakumar For R1 and R2 : Mr. R. Sethuraman Special Government Pleader For R3 to R5 : No appearance
ORDER
The internal communication shared between the Commissioner, Hindu Religious and Charitable Endowments Department and the Joint Commissioner / Executive Officer, incorporated and un-incorporated temples, Suseendram, dated 08.01.2013, is under challenge in this writ petition.
2. The Commissioner, Hindu Religious and Charitable Endowments Department issued certain guidelines for the purpose of fixing scale of pay to the employees of the Joint Commissioner / Executive Officer, incorporated and un-incorporated temples in Kanyakumari District at Suseendram. The Commissioner issued certain guidelines for granting of revised scale of pay in respect of the employees working in the temples in Kanyakumari District. The said communication is under challenge.
3. This Court is of an opinion that the scale of pay is to be fixed in accordance with the Government orders and the pay Rules in force. It is not clear whether the Government guidelines are followed by the Commissioner or not. Thus, the Government guidelines in this regard are to be followed while undertaking the process of fixing of scale of pay to the employees working in various temples in Kanyakumari Disstrict. However this Court cannot fix the scale of pay of the employees.
4. In view of the fact that the same is to be done in accordance with the procedures contemplated in the Pay Rules by the establishments.
Further, in this writ petition, internal communication alone is under challenge. If the writ petitioners are aggrieved from and out of the fixation done, then they are at liberty to approach the appropriate authorities for redressing their grievances.
''5.It is brought to the notice of this Court that earlier W.P (MD)No.2840 of 2011 was filed and this Court passed an order on 23.2.2012 stating that the Commissioner, Hindu Religious and Charitable Endowment Department had sent proposal to the Government for consideration. Subsequently, the respondents 1 and 2 filed Miscellaneous Application in the Writ Petition seeking extension of time to decide the matter and to pass orders. However, no final order has been passed by the first respondent in this regard. 6.The learned counsel for the Petitioner states that in spite of proposal sent by the Commissioner, Hindu Religious and Charitable Endowment Department, the first respondent/Government has not taken a decision in respect of fixation of salary to the Writ Petitioner. Thus, it is suffice if a direction is given to the first respondent to consider the proposal submitted by the Petitioner on merits, take a decision and pass orders in accordance with law.
7.In this view of the matter, the first respondent is directed to consider the proposal/representation submitted by the Writ Petitioner, if any and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.
8.Accordingly, this Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.'
Sd/- Assistant Registrar (CO) (*)AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 27.03.2018 /True Copy/ Sub Assistant Registrar/- To 1.The Secretary to Government of Tamil Nadu, Hindu Religious and Charitable Endowment Department, Secretariat, Chennai.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.
+1cc to The Special Government Pleader, SR.No.57982 pnn RL/4C/3P/SV/SAR1/2/5/2018 W.P.(MD) No.8784 of 2014 22.03.2018 (1⁄4)