Madras High CourtWP(MD)/15360/2017disposed of

R.Elango, S/O.A.Rangasamy v. The Chairman,

2017-08-17Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.15360 to 15362 of 2017 R.Elango ... Petitioner in W.P.(MD)No.15360 of 2017 G.Saraswathi ... Petitioner in W.P.(MD)No.15361 of 2017 P.Pandiyarajan ... Petitioner in W.P.(MD)No.15362 of 2017 -vs1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai.

2.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy,Chennai.

... Respondents in all W.P.s Prayer in all W.P.s: Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of a Writs of Mandamus, directing the respondent no.1 and 2 to consider and dispose of the petitioner's representation dated 08.02.2016 with regard to the revision of grade pay as Rs.2,400/- from Rs.2,000/- on the basis of Petitioner's basic pay of Rs.5,200/- for the post of Field Assistant notionally with effect from 01.01.2006 and monetary benefit from 01.03.2011 as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioners : Mr.R.Anand For Respondents : Mr.D.Muruganantham Additional Government Pleader COMMON ORDER By consent of both sides, these writ petitions themselves are taken up for final disposal.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents.

3.The petitioners were promoted from the post of Office Assistants to the post of Field Assistants in the year 2012. Their grievance appears to be that when the Field Assistants and Library Assistants working in the respondent Department have made periodical representations for enhancement of Grade Pay, the Finance Department issued G.O.Ms.No.63 dated 26.02.2011 accepting the plea of Library Assistants alone granting the increase in their Grade Pay to a sum of Rs.2,500/-. Even prior to the issuance of G.O.Ms.No.63 dated 26.02.2011, G.O.Ms.No.234 dated 01.06.

2009 has rescheduled the scales of pay and allowances to the Government servants employed in various Departments through a separate Official Committee and the said committee, after carefully examining the grievance of the Government servants and after finding that there are number of anomalies in the fixation of pay scale is concerned among the Government servants holding the equal cadre, has given recommendations indicating necessary scale of pay and allowances. In the said recommendations, it has been made clear that for the basic pay of Rs.5,200/- grade pay would be Rs.2,400/-. It is stated that while all other departments have uniformly followed the said G.O., the respondent Department alone has not come forward to follow the aforementioned G.O.

In this regard, the petitioners have given representations dated Nil to the first respondent. But the same have not been considered so far and hence, they are before this Court with these writ petitions.

4.In similar circumstances, this Court, in W.P.(MD)No.19994 of 2015, by order dated 04.11.2015, for the similarly placed person, has given a direction to the first respondent to consider his case and pass necessary orders.

5.Mr.D.Muruganantham, learned Additional Government Pleader, who takes notice for the respondents, sought sufficient time to consider the pending representations.

6. The representations given by the petitioners do not show the proof of submission of the same before the first respondent and no date is also mentioned therein. However, the learned counsel for the petitioners, drawing notice of this Court, through a memo dated 31.03.2016 issued by the Member Secretary, submitted that the direction given by this Court in W.P.(MD)No.19994 of 2015 dated 04.11.2015 has been considered.

7. Therefore, the petitioners are directed to submit fresh representations along with a copy of this order within one week

from the date of receipt of copy of this order. On receipt of such representations, the respondents are directed to consider the representations within a period of four weeks thereafter. 8.These writ petitions are disposed of with the above directions. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai.

2.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai.

+3ccs to Mr.R.Anand, Advocate, SR.Nos.73151 to 73153 +One cc to The Special Government Pleader, SR.No.73049 Mrn/RR RL/7C/3P/JC/SAR1/20/9/2017 W.P(MD)Nos.15360 to 15362 of 2017 17.08.2017