The Social Welfare And v. S.Ramar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and CMP(MD).Nos.3098,3099 and 3100 of 2018 and CMP(MD).Nos.2343 and 2344 of 2020 W.A.(MD)Nos.543, 544, 545 of 2018
1. The Social Welfare and Noon Meal Department, Rep. by its Director, 58/70 Arunachalam Street, Chindaripet, Chennai-2.
2. The Integrated Child Development Project, Rep. by its Commissioner, Tharamani, Chennai-113.
... Appellants 1 & 2/Respondents 1 & 2 in W.A.(MD)Nos.543, 544, 545 of 2018
3. The Child Development Project, Rep. by its Project Officer, Palani Circle, Dindigul District.
... 3rd Appellants/3rd Respondents in W.A.(MD)No.543 of 2018
3. The Child Development Project Rep.By its Project Officer, No.5, Basker Complex, 1st Floor, C-Division, Chinnachokki Kulam, Madurai -2.
... 3rd Appellants/3rd Respondents in WA(MD). 544/ 2018
3. The Child Development Project Rep.By its Project Officer, Merkku Vattaram, Situated at Kovil Pappakudi, Madurai -18.
... 3rd Appellants/3rd Respondents in WA(MD). 545/ 2018 1/5
1. S.Ramar ... Respondent/Petitioner in W.A(MD).No.543/2018
2. R.Santhiyagu ... Respondent/Petitioner in W.A(MD).No.544/2018
3. S.Sebastian ... Respondent/Petitioner in W.A(MD).No.545/2018 W.A.(MD)No.344 of 2020
1. Secretary to Government, Secretariat, Chennai-9.
2. The Chief Engineer, Chepauk, Chennai-9.
3. The Assistant Executive Engineer, Periyar Dam Special Sub-Division, Cumbum, Theni District.
4. The Assistant Executive Engineer, Shanmuga Reservoir Project Sub-Division No.2, Dam Site, Rayyappanpatty, Theni District.
... Appellants/Respondents 1,2,4 and 5
1. R.Pannerselvam
2. K.Subramanian ... Respondent/Petitioners 2 and 3 W.A.(MD)No.345 of 2020
1. Secretary to Government, Secretariat, Chennai-9.
2. The Chief Engineer, Chepauk, Chennai-9.
3. The Executive Engineer, WRO Special Project Sub-Division, Sathankulam, Tirunelveli District.
... Appellants/Respondents 3,18 and 26 2/5
S.Ganapathy ... Respondent/10th petitioner Common Prayer in W.A.(MD)Nos.543, 544, 545 of 2018: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.P.(MD) Nos.14336, 14337, 14338 of 2012, dated 24.07.2013.
Prayer in W.A(MD).No.344 of 2020: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.P.(MD) Nos.11498 of 2013, dated 19.07.2013.
Prayer in W.A(MD).No.345 of 2020: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.P.(MD) Nos.13240 of 2013, dated 12.08.2013.
Prayer in WP(MD). 14336, 14337 & 14338 of 2012 : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to implement the selection grade and Special Grade scale of pay as indicated in Schedule II of Tamil Nadu Revised Scale Pay rules 1988 at Rs. 5,000/- and Rs.5,500/- respectively to the petitioner and pay all arrears within the stipulated time as specified by this Honourable Court.
Prayer in WP(MD). 13240 & 11498 of 2013 :
Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to extend the benefits granted as per serial No.8, Schedule II as per paragraph 4 of the order and Rule 3(1) of G.O. Ms. No. 162 Finance (Paycell) Department dated 13.04.1998 to the petitioners also by granting Ordinary Grade Rs. 4000-100-6000 and Selection Grade Rs. 5000-150-8000 and Special Grade Rs. 5500-1759000 according to their total service rendered within a specified time frame that may be fixed by this Honourable High Court. For Appellants : Mr.A.K.Manickam Government Counsel (in all the W.As) For Respondents : Mr.S.C.Herold Singh (in all the W.As) 3/5
COMMON JUDGMENT [Judgment of the Court was delivered by T.S.SIVAGNANAM,J.] Heard Mr.A.K.Manickam, learned Government Counsel appearing for the appellants and Mr.s.C.Herold Singh, learned counsel appearing for the respondents.
2. The learned Counsel on either side submitted that the issue involved in these writ appeals is squarely covered by a decision of the Hon'ble Division Bench in W.A(MD).Nos.314 of 2020 etc batch, dated 27.02.2020.
3. In the light of the above judgment, these writ appeals are allowed with similar observations made in W.A(MD).Nos.314 of 2020 etc batch, dated 27.02.2020. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 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. Secretary to Government, Secretariat, Chennai-9.
2. The Chief Engineer, Chepauk, Chennai-9.
3. The Assistant Executive Engineer, Periyar Dam Special Sub-Division, Cumbum, Theni District.
4/5
4. The Assistant Executive Engineer, Shanmuga Reservoir Project Sub-Division No.2, Dam Site, Rayyappanpatty, Theni District.
5. The Executive Engineer, WRO Special Project Sub-Division, Sathankulam, Tirunelveli District.
6. The Director, The Social Welfare and Noon Meal Department, 58/70 Arunachalam Street, Chindaripet, Chennai-2.
7.The Commissioner, The Integrated Child Development Project, Tharamani, Chennai-113.
8.The Project Officer, The Child Development Project, Palani Circle, Dindigul District.
9.The Project Officer, The Child Development Project No.5, Basker Complex, 1st Floor, C-Division, Chinnachokki Kulam, Madurai -2.
10. The Project Officer, The Child Development Project, Merkku Vattaram, Situated at Kovil Pappakudi, Madurai -18.
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-21106[F] dated 02/07/2021 ) +1 CC to Mr. Special Government Pleader, SR.No. 21230 & 21231 01.07.2021 mj(CO) TR(19.07.2021) 5P 13C 5/5