Madras High CourtWP(MD)/17256/2020disposed of

M. Ramuthai v. The Chief Engineer Personnel

2020-12-01Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.17256 of 2020 M.Ramuthai ... Petitioner Vs.

1.The Chief Engineer Personnel, Tamil Nadu Generation Electricity Distribution Corporation Ltd., 144, Annasalai, Chennai-600002.

2.The Superintending Engineer, Tamil Nadu Generation Electricity Distribution Corporation Ltd., Madurai Electricity Distribution Circle, K.Pudur, Madurai-620007.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents to release the second installment of arrears of Rs.25,180/- with held by them and to disburse the pay and allowance increased then and there under wage revision settlements. For Petitioner : Mr.T.Arul For Respondents : Mr.T.Sakthikumaran Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed to direct the respondents to release the second installment of arrears of Rs.25,180/- with held by them and to disburse the pay and allowance increased then and there under wage revision settlements.

3.The learned counsel appearing for the petitioner would submit that the petitioner was engaged as part time sweeper on 01.11.2005 for a consolidated wage of Rs.250 per month. As per order passed by the second respondent dated 30.09.2011, the petitioner was posted as Sweeper at Elumalai Distribution Section in the time scale of pay 1/3

of Rs.600-10-700-20-1100 and the petitioner joined as full time conservancy worker on 12.10.2011. Thereafter, the second respondent worked out the arrears with effect from 01.11.2005. The first installment of the arrear of Rs.25,181/- was paid to the petitioner. Subsequently, the second respondent sent a letter dated 15.03.2013 to the first respondent and requested the approval of the first respondent in absorbing the petitioner to the time scale with effect from 01.11.2005 and permission to release the second installment of Rs.25,180/- with held by the second respondent and the same is pending.

4.The learned counsel appearing for the petitioner would further submit that the petitioner is not paid even the minimum wages fixed by the Government of Tamil Nadu in its G.O (2D) No.30, dated 29.05.2013, which prescribes the minimum wages as Rs.6,380/- [pay 2494 + DA 3886] as on 01.04.2017. In this regard, the petitioner sent a representation on 24.02.2020 praying for the disbursement of the above said with held second installment of arrears with effect from 01.11.2005 and the enhanced pay on account of subsequent wage revision from 01.11.2012 and the annual increments. Even after receipt of the representation, the respondents have not taken any decision. Therefore, without any other options, the petitioner approaches this Court by way of present writ petition for appropriate orders. 5.

The learned Standing Counsel appearing for the respondents would fairly submit that the representation of the petitioner will be considered as per the directions of this Court. 6.In view of the submissions made by the learned counsel appearing on either side, this Court directs the respondents to dispose of the petitioner's representation dated 24.02.2020 within a period of eights weeks from the date of receipt of a copy of this order on merits and in accordance with law.

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

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 2/3

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 Chief Engineer Personnel, Tamil Nadu Generation Electricity Distribution Corporation Ltd., 144, Annasalai, Chennai-600002.

2.The Superintending Engineer, Tamil Nadu Generation Electricity Distribution Corporation Ltd., Madurai Electricity Distribution Circle, K.Pudur, Madurai-620007.

+1 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-23434[F] dated 01/12/2020 ) W.P.[MD]No.17256 of 2020 01.12.2020 NA(CO) KK(14.12.2020) 3P 4C 3/3