Madras High CourtWP(MD)/15636/2019disposed of

K.Sivakumar v. The Superintending Engineer

2019-07-15Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD)No.15636 of 2019 K. Sivakumar ... Petitioner Vs.

The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, K.Pudur, Madurai - 7.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to fix the new scale of pay as 36400-115700 based on the wages revision of workmen(Per) FB TANGEDCO proceedings No.9 dated 02.03.2018 and consequently to pay the same to the petitioner within the time limit fixed by this Court.

For Petitioner : Mr. R. Saravanan For Respondents : Mr. S. Dayalan Standing Counsel.

ORDER

This Writ Petition has been filed for issuing a direction to the respondents to fix the new scale of pay as 36400-115700, based on the wages revision of workmen(Per) FB TANGEDCO, proceedings No.9, dated 02.03.2018 and consequently to pay the same to the petitioner within the time frame to be fixed by this Court.

2. Mr. S. Dayalan, learned Standing Counsel takes notice for the respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he made a representations dated 10.12.2018 and 11.04.2019 respectively to revise his scale of pay band from 9600-34800+4300 to 36400 - 115700, as per the wages revision of workmen (Per) FB TANGEDCO Proceeding No.9, dated 02.03.2018. But, the same has not been considered so far. Hence, the petitioner has filed the present Writ Petition before this Court.

4. Though this petition has been filed to give a positive direction to the respondent, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a https://hcservices.ecourts.gov.in/hcservices/

direction is issued to the respondent, to consider the representation of the petitioner, dated 11.04.2019.

5. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered on merits within a specified time that may be fixed by this Court.

6. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondent to consider the representation of the petitioner, dated 11.04.2019, on merits and in accordance with law, and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To The Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, K.Pudur, Madurai - 7.

Chennai - 600 004.

+1 CC to M/s.R.SARAVANAN, Advocate ( SR-75313[F] dated 15/07/2019 ) WP(MD)No.15636 of 2019 15.07.2019 TRP JM/30.07.2019/2P-3C https://hcservices.ecourts.gov.in/hcservices/