V.Valavanthan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.(MD)No.13974 of 2024 V.Valavanthan ... Petitioner Vs.
1.The State of Tamil Nadu Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine, D.M.S. Compound, Chennai - 6.
3.The Accountant General (Accounts and Entitlement), No.361, Anna Salai, Teynampet, Chennai - 18.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to refix the pension of the petitioner on the basis of retrospectively promotion of his services in the post of Health Inspector w.e.f. 22.03.1989 as per the proceedings of the second respondent vide R.No. 025111/MP1/S3/2020 dated 19.03.2021 as early as possible. In all Writ Petitions For Petitioners : Mr.K.C.Ramalingam For Respondents : Mr.N.Ramesh Arumugam- for R1 & R2 Government Advocate Mr.G.Karthik - for R3 COMMON ORDER By consent of both the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.
2. Heard Mr.K.C.Ramalingam, learned counsel appearing for the petitioners, Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents 1 and 2 and Mr.G.Karthik, learned counsel appearing for the third respondent. 2/6
3. The petitioners have been given with notional promotion on 11.09.1995 on par with their Junior P.Balakrishnan to the post of Multipurpose Health Supervisor (subsequently changed as Health Inspector Grade I) retrospectively w.e.f., 22.03.1989 have got their pay scale revised in accordance with the promotion order . But the grievance of the petitioners is that their pay has not been fixed and the pensionary benefits consequent to revised pay has also not been paid.
4. The grievance of the petitioners is that the impact of the promotion and the revised scale of pay have not been implemented in their pensionary benefits. The representations given by the petitioners in this regard are also pending for action.
5. In fact, the petitioners have got their pay re-fixed consequent to the directions issued by this Court made in W.P(MD)Nos. 18715 to 18728 of 2015, dated 26.08.2019, respectively. Admittedly, the petitioners were given with notional promotion and their scale of pay was revised. In such circumstances, I feel that the petitioners' pension is liable to be re-fixed in accordance with their revised scale of pay. 3/6
6. Since the petitioners' pay got refixed that would have an impact upon their terminal benefits as well. In fact, the petitioners pension ought to have been fixed on the pay which they would receive during the time of their retirement, consequent to their re-fixation. So, the petitioners have made a rightful claim and the same has been considered by the respondents, positively.
7. In view of the above stated reasons, these writ petitions are allowed and the respondents are directed to re-fix the pension of the petitioners based on the notional promotion granted to them retrospectively with effect from 22.03.1989 within a period of eight weeks from the date of receipt of a copy of this order. No costs. 28.06.2024 NCC :yes/no Index :yes/no Internet:yes/no RM 4/6
To 1.The Secretary to Government, State of Tamil Nadu Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine, D.M.S. Compound, Chennai - 6.
3.The Accountant General (Accounts and Entitlement), No.361, Anna Salai, Teynampet, Chennai - 18.
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R.N.MANJULA, J.
RM 28.06.2024 6/6