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Madras High CourtWP(MD)/14574/2020disposed of

E.Selvi v. The Secretary To The Govt

2020-10-16Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY E.Selvi ... Petitioner Vs.

1.The Secretary to the Government, Backward Classes, Most Backward Classes, Denotified Communities and Minorities Welfare Department, Secretariat, Chennai 600 009.

2.The Commissioner, Backward Classes and Most Backward Classes, Welfare Department, Ezhilagam, Chepauk, Chennai 600 005.

3.The District Backward Classes and Minorities Welfare Officer, O/o. The District Backward Classes and Minorities Welfare Officer, Collectorate Campus, Tuticorin District.

4.The Government Boys Hostel, (Backward Classes), represented by its Warden, Pannika Nadar Kudiyiruppu, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to bring the petitioner under the regular scale of pay in the pay band of Rs.4800-10000+1300 GP with effect along with consequential monetary benefits and arrears on par with other similarly placed employees (Sweepers) working in School Education Department, Police Department, Medical Department, Judicial Department within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Karuppasamy Government Advocate 1/3

O R D E R

This writ petition has been filed for issuance of writ of Mandamus directing the respondents to bring the petitioner under the regular scale of pay in the pay band of Rs.4800-10000+1300 GP with effect along with consequential monetary benefits and arrears on par with other similarly placed employees (Sweepers) working in School Education Department, Police Department, Medical Department and Judicial Department.

2. The learned counsel appearing for the petitioner would submit that the petitioner has given representations dated 04.12.2016, 10.04.2017 and 11.06.2018 respectively to the first respondent, seeking to bring the petitioner under the regular scale of pay in the pay band of Rs.4800-10000+1300 GP. Based on the said representations, the third respondent has passed an order dated 30.10.2019, wherein the third respondent has clearly stated that the name of the petitioner is No.1 in the seniority list and hence, if any vacancy arise in future, his request will be considered.

3. Mr.M.Karuppasamy, learned Government Advocate appearing for the respondents would fairly submit that the petitioner's representations were already disposed of by the third respondent, vide order dated 30.10.2019 and as per the order, the petitioner's request will be considered.

4. In view of the order passed by the third respondent dated 30.10.2019, this Court directs the third respondent to accommodate the petitioner, in case, if any vacancy arise in future, in accordance with law.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Akv 2/3

To

1. The Secretary to the Government, Backward Classes, Most Backward Classes, Denotified Communities and Minorities Welfare Department, Secretariat, Chennai 600 009.

2. The Commissioner, Backward Classes and Most Backward Classes, Welfare Department, Ezhilagam, Chepauk, Chennai 600 005.

3. The District Backward Classes and Minorities Welfare Officer, O/o. The District Backward Classes and Minorities Welfare Officer, Collectorate Campus, Tuticorin District.

4. The Warden, Government Boys Hostel, (Backward Classes), Pannika Nadar Kudiyiruppu, Tuticorin District.

+1 CC to the SPL GP SR-20567.

+1 CC to Mr.T.LAJAPATHI ROY, Advocate SR-20590. 16.10.2020 (CO) CS(04.11.2020) 3P 7C 3/3