Pandiammal A v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Pandiammal ... Petitioner -vs1.The Additional Chief Secretary to Government, Home Department, Government of Tamil Nadu, Secretariat, Chennai - 9.
2.The Director General of Police, Santhome, Mylapore, Chennai - 600 004.
3.The District Superintendent of Police, Surveyor Colony, Madurai, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner's representation dated 21.04.2025 allowing the benefit of Special Time Scale of Pay of Rs.1300- 3000/- (Grade Pay Rs.300) on completion of 10 years of service as Police Station Cleaner (Sweeper) after regularizing the
petitioner's service with effect from 11.12.2019 as extended to the similarly placed Police Station Cleaner (Sweeper) on completion of 10 years of service on 01.08.2009 and consequential monetary benefits, within the period that may be stipulated by this Court.
For Petitioner : Mr.K.Ponnaiah For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to consider and pass appropriate orders on the petitioner's representation dated 21.04.2025, by granting the benefit of Special Time Scale of Pay of Rs.13003000 (Grade Pay Rs.300) on completion of 10 years of service as 'Police Station Cleaner' (Sweeper), after regularizing the petitioner's service with effect from 11.12.2019, as the same has been extended to similarly placed 'Police Station Cleaners' (Sweepers), who completed 10 years of service on 01.08.2009, along with consequential monetary benefits, within a time frame to be stipulated by this Court.
2. According to the petitioner, she was initially appointed as a Part-Time Sweeper by order dated 27.05.1989, with a monthly emolument of Rs.70/-. Due to
unavoidable circumstances, the petitioner was removed from service on 17.03.2005, but was subsequently, reappointed on 12.11.2009 by the third respondent. The Government, through G.O.Ms.No.653, Home (Police - 15) Department, dated 07.08.2009 and G.O.Ms.No.774, Home (Police-15) Department, dated 30.09.2013, extended the benefit of Special Time Scale of Pay (Rs.1300-3000, Grade Pay Rs.300) to part-time sweepers, later redesignated as 'Police Station Cleaners', who had completed 10 years of service as on 01.08.2009.
3. Since the petitioner was not in service on 01.08.2009 (having been reappointed only on 12.11.2009), she was not extended the said benefit. Accordingly, she filed W.P.(MD)No.10407 of 2020, seeking the Special Time Scale of Pay from 12.11.2019, after completion of 10 years of reappointed service. This Court, by order dated 31.08.2020, directed the third respondent to consider the petitioner's representations dated 20.02.2020 and 14.08.2020. However, the said representations were rejected on 07.11.2020, on the ground that only those who completed 10 years of service as on 01.08.2009 were eligible. The petitioner, being an illiterate and she has continuously approached the
authorities in person, including the first respondent during official visits to Madurai, but no effective action has been taken despite the lapse of nearly five years. Left with no other remedy, the petitioner submitted a fresh representation on 21.04.2025, requesting that her service from 12.11.2009 be regularized and on completion of 10 years of service, she be granted the Special Time Scale of Pay along with consequential monetary benefits. As the petitioner's request is on par with similarly placed individuals and is supported by equity and fairness, she has filed the present Writ Petition, seeking a direction to the first respondent to consider and pass appropriate orders on her representation dated 21.04.2025 within a time frame to be stipulated by this Court.
4. Heard both sides.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and
hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 21.04.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 11.07.2025 Index : Yes / No smn2
To:- 1.The Additional Chief Secretary to Government, Home Department, Government of Tamil Nadu, Secretariat, Chennai - 9.
2.The Director General of Police, Santhome, Mylapore, Chennai - 600 004.
3.The District Superintendent of Police, Surveyor Colony, Madurai, Madurai District.
VIVEK KUMAR SINGH , J.
smn2 11.07.2025