Madras High CourtWP(MD)/14427/2019disposed of

Nagammal, W/O.Velusamy v. The Government Of Tamilnadu

2022-04-12Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.14427 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.14427 of 2019 Nagammal ... Petitioner -vs1. The Government of Tamilnadu, Rep., by its Principal Secretary, Department of Higher Education, Fort St. George, Secretariat, Chennai-600 009.

2. The Director of Collegiate Education, Director of Collegiate Education, 9th Floor, EVK Sambath Maligai, College Road, Chennai-600 006.

3. The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021, Madurai District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to provide Special Time Scale of pay to the petitioner in the light of G.O.Ms.No.385, Finance (Pay Section) Department dated 01.10.2010 and in the light of order passed by the Honourable Division Bench of this Bench in W.A.(MD) No.131/2019 dated 01.02.2019 within a stipulated time by considering the petitioner's representation to the respondents dated 06.05.2019. For Petitioner :

Mr.R.Alagarsamy For RR1 & 2 :

Mr.G.V.Vairam Santhosh, Additional Government Pleader For R3 :

Mr.K.Ragatheesh Kumar ******

O R D E R

The learned counsel appearing on behalf of Madurai Kamaraj University made a submission that the college, in which the petitioner is working, is now taken over by the Government through G.O.Ms.No.36, dated 28.02.2019.

2. Once the college is taken over by the Government, then the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.14427 of 2019 status of the temporary employees is also to be decided. As per the Government Order passed in G.O.Ms.No.385, Finance (Pay Section) Department, dated 01.10.2010 the Government fixed a special time scale of pay to the temporary employees. Therefore, the respondents are directed to ascertain the eligibility of the petitioner for availing the Government Order and if the Government Order is otherwise eligible for fixation of time scale of pay, then the case of the petitioner is to be considered according to the service particulars and other relevant materials. The said exercise is directed to be done as expeditiously as possible.

3. With the above observations, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To

1. The Principal Secretary, Government of Tamilnadu, Department of Higher Education, Fort St. George, Secretariat, Chennai-600 009.

2. The Director of Collegiate Education, Director of Collegiate Education, 9th Floor, EVK Sambath Maligai, College Road, Chennai-600 006.

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-18819[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18857[F] dated 13/04/2022 ) W.P.(MD) No.14427 of 2019 12.04.2022 RD(04.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2