Rajendran.M v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED 1.M.Rajendran 2.C.Padmanabhan 3.R.Kannan 4.B.Balasubramanian 5.N.Sambooranam 6.P.Mahalakshmi 7.M.Murugayee 8.C.Alagappan 9.K.Ramalingam 10.T.S.Indragith 11.R.Kaliamoorthy 12.V.Mohanraj 13.M.Manimaran 14.A.Vncent Churchil 15.A.Phylominraj 16.A.Krishnan 17.A.Kamaraj 18.M.Muthukumar 19.N.Gopalakrishnan 20.M.Sundararajan 21.A.Padmanathan 22.S.Lilyakath Ali 23.K.Ganapathy 24.A.Kandasamy 25.M.Palanichamy 26.R.Kalamery 27.M.Karunakaran 28.M.Chinnapparaj 1/7
29.P.Muthusamy ... Petitioners vs.
1.The Managing Director, Tamil Nadu Water Supply and Draining Board, 31, Kamaraj Salai, Chepauk, Chennai - 5.
2.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, Eastern Region, Thanjavur.
3.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Trichy-Pudukottai, Barathi Salai, Contonment, Trichy-1.
4.The Executive Engineer, Tamil Nadu Water Supply and Draining Board, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to extend the benefit of G.O.Ms.No.511, Finance (Pay Cell) Department, dated 01.08.1992 and G.O.Ms.No.739, Finance (CMPC) Department, dated 18.12.1996 and also to extend the benefit of similarly placed persons extended by order of the first respondent, dated 14.08.2020 in complying the orders of this Court in W.P.(MD)No.8266 of 2010, dated 31.10.2019 with consequential monetary and pensionary benefits along with interest.
For Petitioners :Mr.S.Govindan For Respondents :Mr.B.Vijay Karthikeyan ***** 2/7
O R D E R
This Writ Petition has been filed with the following prayer: "to direct the respondents to extend the benefit of G.O.Ms.No.511, Finance (Pay Cell) Department, dated 01.08.1992 and G.O.Ms.No.739, Finance (CMPC) Department, dated 18.12.1996 and also to extend the benefit of similarly placed persons extended by order of the first respondent, dated 14.08.2020 in complying the orders of this Court in W.P.(MD)No.8266 of 2010, dated 31.10.2019 with consequential monetary and pensionary benefits along with interest." 2.Mr.S.Govindan, learned Counsel for the petitioners submits that the petitioners were appointed as Mechanic Grade-II in the respondent Board through Employment Exchange and joined duty during the years 1977 to 1986. Subsequently, the Government had revised the scale of pay for the trade posts vide G.O.Ms.No.
511, Finance (Pay Cell) Department, dated 01.08.1992.
Government Order in G.O.Ms.No.739, Finance (CMPC) Department, dated 18.12.1996 in terms of Tamil Nadu Revised Scale of Pay Rules, 1985 based on the order of the Tamil Nadu Administrative Tribunal in O.A.No.2128 of 1991, dated 23.09.1993. However, the said benefits were extended only to few employees and are not extended to the petitioners and other similarly placed employees. Hence, the petitioners have made several representations to the respondents and the last representation was dated 24.08.2021. The learned Counsel for the petitioners submits that the respondents may be directed to consider the claim of the petitioners for regularisation of their salary and other retiral and monetary benefits.
3.Mr.B.Vijay Karthikeyan, learned Standing Counsel for the respondents submits that the petitioners have not filed any such representation so far and nor any representation is pending in respect of the claim of the petitioners before the respondents. He further submits that the petitioners may be directed to submit a fresh representation before the first respondent setting out their entire grievances and claims and this Court may please to fix a time limit to decide the same. 4/7
4.After considering the arguments, as advanced by the learned Counsels for the parties and after perusal of the entire records and the pleadings made in the Writ Petition and also the request made by the learned Standing Counsel for the respondents, this Court directs that the petitioners may file a fresh representation before the first respondent with their entire grievances and claims within a period of four weeks from today and if any such representation is made before the first respondent within the time stipulated by this Court, the first respondent is directed to decide the same by way of a reasoned and speaking order and also in accordance with law and also by considering the Governments Orders vide G.O.Ms.No.511, Finance (Pay Cell) Department, dated 01.08.1992 and G.O.Ms.No.739, Finance (CMPC) Department, dated 18.12.1996 within a period of two months thereafter, and communicate the said order to the petitioners through Registered Post with AD (RPAD) within a period of two weeks thereafter.
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5.With the above directions, this Writ Petition is finally disposed of. No costs.
Index :Yes / No 07.02.2025 Internet :Yes / No NCC :Yes / No cmr 6/7
SHAMIM AHMED, J.
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