M.Ganapathy v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3431 of 2017 1.M.Ganapathy 2.M.Gopi Subbulakshmi 3.M.Arumugaraj 4.M.Annathai 5.S.Shanmugathai 6.T.Kanagaraj 7.M.Subbuthai 8.P.Mahadevan 9.P.Mookkammal ... Petitioners Vs.

1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of Public Libraries, Anna Salai, Chennai - 600 002.

3.The District Library officer, Tirunelveli District, Tirunelveli.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondents to grant special time scale of pay of Rs.1300-3000+ Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (pay Cell) Department, dated 1.10.2010 with all consequential service and monetary benefits.

For Petitioner :

M/s.M.Purushothaman For Respondents :

Mr.K.P.Krishnadoss Government Advocate

O R D E R

This Writ Petition has been filed, seeking a direction to the respondents to grant special time scale of pay of Rs.1300-3000+ Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (pay Cell) Department, dated 1.10.2010 with all consequential service and monetary benefits. 2.Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.The case of the Petitioners is that the Petitioners are working as Part-time Sweepers in the respondents/Libraries, on consolidated pay for more than ten years and as as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 1.10.2010, all employees who had completed three years of service are eligible for special time scale of pay of Rs.Rs.1300-3000+ Grade Pay of Rs.300/- with effect from 15.09.2010. In this regard the Petitioners have also submitted representations on 14.11.2016 and 30.11.2016 to the authorities concerned. Since the said representations did not evoke any response from the respondents concerned, the Petitioner has come forward with this Writ Petition.

4.The learned counsel for the Petitioner while arguing the case, has submitted that though they have sought for a larger relief in the Writ Petition, he would submit that it would suffice if the representations of the Petitioners may be considered by the authorities concerned, within the time limit specified by this Court.

5.The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioners and pass orders thereon.

6.In view of the above submission,without going into the merits of the case, directs the third respondent to consider the representations of the petitioners, dated 14.11.2016 and 30.11.2016 and to pass appropriate orders on the same in accordance with law within a period of ten weeks from the date of receipt of a copy of this order, if there is no other legal impediment to do so and communicate the decision taken, to the Petitioners concerned.

7.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of Public Libraries, Anna Salai, Chennai - 600 002.

3.The District Library officer, Tirunelveli District, Tirunelveli.

+2cc to Mr.M.Kannan, Advocate SR.Nos.11099 and 11100 +1cc to special Government Pleader SR.no.11580 vsn sm:MR:10/03/2017:3P/7C W.P.(MD) No.3431 of 2017 28.02.2017