R.Murugeswaran v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025

CORAM

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN R.Murugeswaran ... Petitioner Vs.

1.The Secretary to Government, Cooperation, Food and Consumer Production Department, Secretariat, Chennai-600 009.

2.The Secretary to Government, Finance (BPE) Department, Secretariat, Chennai-600 009.

3.The Board of Directors, Represented by the Chairman, Tami Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.

4.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thabmbusamy Road, Kilpauk, Chennai-10.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to implement the G.O.Ms.No.234, Finance (Pay Cell) Department dated 01.06.2009, G.O.Ms.No.250, Finance (Pay Cell) Department dated 1/6

17.06.2009, G.O.Ms.No.71, Finance (Pay Cell) Department dated 26.02.2011 and G.O.Ms.No.242, Finance (Pay Cell) Department dated 22.07.2013 in respect of grade pay and consequently direct the respondents to pay a sum of Rs.5100/- as grade pay with effect from 01.01.2006 to 01.01.2016 instead of Rs.4600/- and to pay arrears of grade pay to the Assistant Engineers working in Tamil Nadu Civil Supplies Corporation with effect from 01.03.2011. For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 & R2 : Mr.K.R.Badurus Zaman, Government Advocate.

For R3 & R4 : Mr.G.Mohan Kumar.

ORDER

This writ petition has been filed seeking a direction to the respondents to implement the G.O.Ms.No.234, dated 01.06.2009, G.O.Ms.No.250, dated 17.06.2009, G.O.Ms.No.71, dated 26.02.2011 and G.O.Ms.No.242, dated 22.07.2013 in respect of grade pay and consequently direct the respondents to pay a sum of Rs.5100/- as grade pay with effect from 01.01.2006 to 01.01.2016 instead of Rs.4600/- and to pay arrears of grade pay to the Assistant Engineers working in Tamil Nadu Civil Supplies Corporation with effect from 01.03.2011. 2/6

2.The learned counsel appearing for the petitioner would submit that the petitioner is Deputy General Secretary of Tamil Nadu Civil Supplies Corporation Engineer's Association and he submitted a representation dated 13.06.2016 addressed to the fourth respondent requesting to consider the pay arrears of grade pay and also submitted another representation dated 24.09.2018 addressed to the third respondent and a copy was also marked to the first respondent to consider the the pay arrears of revised grade pay to the Assistant Engineers, who are all working in Tamil Nadu Civil Supplies Corporation. He would submit that the representation submitted by the petitioner is still pending.

3.The learned counsel appearing for the respondents 3 & 4 would submit that the writ petition has been filed not in a individual capacity and it has been filed by the Deputy General Secretary of Tamil Nadu Civil Supplies Corporation Engineer's Association and therefore, this writ petition is not maintainable. However, he would submit that he has no serious objection to consider the representation submitted by the petitioner, on merits and in accordance with law. 3/6

4.Considering the submissions made on either side and considering the limited prayer sought for, this Court is inclined to issue a direction to the respondents 3 & 4 to consider the petitioner's representation. Accordingly, the respondents 3 & 4 are directed to consider the representation of the petitioner dated 24.09.2018 and pass orders on merits and in accordance with law, by providing opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the case.

5.With the above direction, this writ petition is disposed of. No costs.

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To 1.The Secretary to Government, Cooperation, Food and Consumer Production Department, Secretariat, Chennai-600 009.

2.The Secretary to Government, Finance (BPE) Department, Secretariat, Chennai-600 009.

3.The Board of Directors, Represented by the Chairman, Tami Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.

4.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thabmbusamy Road, Kilpauk, Chennai-10.

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M.JOTHIRAMAN , J.

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