Madras High CourtWP(MD)/2139/2017allowed

N.Perumal v. The Principal Secretary To

2018-01-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.2139 of 2017 N.Perumal .. Petitioner Vs.

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai.

2. The Director of Public Libraries, Annasalai, Chennai - 2.

3. The District Library Officer, Office of the District Library Officer, Dindigul - 2.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant special time scale of pay of Rs.1300-3000 + Grade pay Rs.300/- to the petitioner as per G.O.(Ms).No.385, Finance (Pay Cell) Department, dated 01.10.2010 with all consequential service and monetary benefits with arrears from 01.10.2010 within a stipulated time.

For petitioner : Mr.R.Lakshmanan For Respondents : Mr.K.Saravanan Government Advocate ******

O R D E R

*********** By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.

2. Heard Mr.R.Lakshmanan, learned Counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3. The writ petitioner is working as part-time sweeper in the third respondent Library. She was appointed only through Employment Exchange. The Government issued G.O.(Ms).No.385, Finance (Pay Cell) Department, dated 01.10.2010, granting special time scale of pay with grade pay to all such part time Sweepers. Even after the https://hcservices.ecourts.gov.in/hcservices/

issuance of such Government Order, the actual benefit was not disbursed.

The writ petitioner, therefore, submitted a representation dated 18.01.2017, pointing out that several similarly placed persons had been granted relief.

4. When the matter was taken up for hearing, the learned Government Advocate produced a copy of G.O.(2D).No.101, School Education Department, dated 07.08.2015, in which the orders of this Court have been complied with.

5. In the light of the said facts, this Court directs the first respondent to grant special time scale of pay with grade pay as per G.O.(Ms).No.385, Finance (Pay Cell) Department dated 01.10.2010 with all consequential service and benefits as given to other similarly placed persons as per G.O.(2D).No.101, School Education Department, dated 07.08.2015.

6. This Writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai.

2. The Director of Public Libraries, Annasalai, Chennai - 2.

3. The District Library Officer, Office of the District Library Officer,Dindigul - 2. + 1 cc TO Mr.R.Lakshmanan , Advocate in SR No. 41437 + 1 cc TO The Special Government Pleader in SR No. 41742 kmi AE/KK/SAR3/02.02.2018/2P/6C ORDER MADE IN W.P. (MD) No.2139 of 2017 10.01.2018 https://hcservices.ecourts.gov.in/hcservices/