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Madras High CourtWP(MD)/16953/2020disposed of

V.Tamilarasi v. The Principal Secretary

2020-11-26Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition (MD)No.16953 of 2020 and W.M.P.(MD).Nos.14180 and 14181 of 2020 V.Tamilarasi ... Petitioner Vs.

1.The Principal Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.

2.The Director of Technical Education, Government of Tamil Nadu, Guindy, Chennai 600 025.

3.The Principal, Government Polytechnic College, Trichy, Trichy - Thanjavur National Highway, Thuvakudimalai, Tiruchirapalli 620 022.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for all the relevant records pertaining to the impugned order passed by the second respondent in No.36686/B3/2019-1, dated 23.05.2020 and quash the same as illegal and to direct the respondents to correctly fix the petitioner's pay by rectifying the Pay Anomaly in the Career Advancement Scheme (CAS) by granting the correct Academic Grade Pay. For Petitioner : Mr.J.Sanjey Vignesh For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. This writ petition has been filed challenging the order passed by the second respondent in No.36686/B3/2019-1, dated 23.05.2020 and to quash the same as illegal and consequently, direct 1/3

the respondents to correctly fix the petitioner's pay by rectifying the Pay Anomaly in the Career Advancement Scheme (CAS) by granting the correct Academic Grade Pay.

3. According to the petitioner, she was appointed as Instructor in the Government Polytechnic College under the respondents on 25.10.1988. Thereafter, she was promoted as Lecturer from 19.08.1989 and then as Senior Lecturer with effect from 27.05.2000. On 23.05.2020, the second respondent has issued the proceedings in No.36686/B3/2019-1 with regard to the granting of Academic Grade Pay (AGP) of Rs.8,000/- in Pay Band of Rs.15600 - 39100 from Academic Grade Pay Rs.7000 in Pay Band Rs.15600 - 39100.

4. As per the Annexure-1 attached to the proceedings dated 23.05.2020, the petitioner's Academic Grade Pay of Rs.7000 in Pay Band Rs.15600 - 39100 was fixed with effect from 01.01.2006. According to the petitioner, the same has to be correctly refixed with effect from 27.05.2000, which is the date the petitioner was joined as a Senior Lecturer. Consequently, the Academic Grade Pay of Rs.8000 in Pay Band Rs.15600 - 39100 has to be refixed with effect from 01.01.2006. Further, her Academic Grade Pay has to be refixed correctly as Rs.9000 in Pay Band Rs.37400 - 67000 with effect from 01.01.20009, as the petitioner has completed three years of regular service tenure in the Academic Grade Pay of Rs.8000 in Pay Band Rs.15600 - 39100. However, in the proceedings dated 23.05.2020, the second respondent has ignored all these aspects.

Therefore, she made a representation to the respondents 1 and 2 on 16.06.2020, to set right her pay anomaly. Though the respondents 1 and 2 have received the representation of the petitioner, they have not taken any steps to correct the pay anomaly of the petitioner. Hence, the petitioner has approached this Court for appropriate orders.

5. Though the petitioner has sought for a larger relief, the learned counsel appearing for the petitioner has restricted her prayer only to dispose of the representation of the petitioner dated 16.06.2020.

6. Mr.M.Karuppasamy, learned Government Advocate appearing for the respondents would fairly submit that the representation of the petitioner will be considered and dispose of the same on merits and in accordance with law.

7. In view of the submissions made by the learned counsel for the petitioner as well as the leaned Government Advocate appearing for the respondents, this Court direct the second respondent to dispose of the petitioner's representation dated 16.06.2020, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 2/3

8. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.

2.The Director of Technical Education, Government of Tamil Nadu, Guindy, Chennai 600 025.

3.The Principal, Government Polytechnic College, Trichy, Trichy - Thanjavur National Highway, Thuvakudimalai, Tiruchirapalli 620 022.

+1 CC to M/s.SPL GP ( SR-23144[F] dated 27/11/2020 ) +1 CC to M/s.SANJAY VIGNESH, Advocate ( SR-23195[F] dated 27/11/2020 Writ Petition (MD)No.16953 of 2020 26.11.2020 PU(CO) KB(15.12.2020) 3P 6C 3/3