M.Vijayalakshmi, v. Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P(MD)Nos.18441 and 18466 to 18468 of 2017 and W.M.P.(MD) Nos.14872, 14900, 14902, 14904 of 2017 M.Vijayalakshmi ... Petitioner in W.P.(MD) No.18441 of 2017 R.Vijayan ... Petitioner in W.P.(MD) No.18466 of 2017 R.AnanthaSankar Ganesh ...Petitioner in W.P.(MD) No.18467 of 2017 K.Balakrishnan
...Petitioner in W.P.(MD) No.18468 of 2017
vs.
1.Government of Tamil Nadu, Represented by Principal Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai - 600 009.
2.The Secretary to Government (Expenditure), Finance (CMPC) Department, Secretariat, Chennai - 600 009.
3.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 15.
4.The District Collector, Dindigul District, Dindigul.
... Respondents in all the petitions Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to orders in (1) G.O.Ms.No.241, Finance (PC) Department, dated 22.07.2013 of the first Respondent to the limited extent of giving retrospective effect to the said order from 01.04.2013 and (2) Letter No.2112/CMPC/2015-1, Finance (CMPC) Department, dated 05.03.2015, to the limited extent of direction in Para 3 thereof for refixation of pay of Junior Assistant / Typists with degree qualification w.e.f. 23.07.2013 and to recover the excess pay and
all other consequential orders issued by the Subordinate Authorities and to quash the same and to direct the Respondents to desists from reducing and re-fixing the pay of the Petitioners and from effecting any recovery from their pay and to refund any amount recovered from the Petitioners and to grant the petitioners periodical annual increments for all the years without any default.
For Petitioners in all : Mr.K.Neethimohan Writ Petitions For Respondents in all : Mr.S.Sathish Kumar Writ Petitions Additional Government Pleader COMMON ORDER The learned counsel appearing for the petitioners submits that in view of the judgment dated 11.11.2016 in W.P.No.39581 of 2016, passed by this Court, he seeks permission of this Court to withdraw these writ petitions with liberty to the petitioners to pursue the representations made by them. He further requests that further representations may be permitted to be made by them, placing some additional facts for the consideration of the concerned authority in the light of the Government Letter vide No.38250/Pay Cell/2016-I Finance (Pay Cell) Department dated 01.08.2016.
2.In the aforesaid circumstances, recording the aforesaid submission and endorsement of withdrawal made by the learned counsel for the petitioners to that effect, these writ petitions are dismissed as withdrawn, with permission to the petitioners to send fresh individual representations along with a copy of this order to the first respondent on or before 20.10.2017 and the first respondent is directed to dispassionately consider the said representations and pass appropriate orders, on merits and in accordance with law on or before 30.11.2017. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar
To 1.The Principal Secretary to Government, Finance (Pay Cell) Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Secretary to Government (Expenditure), Finance (CMPC) Department, Secretariat, Chennai - 600 009.
3.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 15.
4.The District Collector, Dindigul District, Dindigul.
+4ccs to Mr.M.Balamurugan, Advocate, SR.No.s81713 to 81716 sj RL/9C/3P/JC/SAR1/9/10/2017 W.P(MD)Nos.18441 and 18466 to 18468 of 2017 and W.M.P.(MD) Nos.14872, 14900, 14902, 14904 of 2017 05/10/2017