M.Mohammed Fakrudeen v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.13423 of 2015 and M.P(MD).No.1 of 2015 M.Mohammed Fakrudeen, : Petitioner Vs

1. The Principal Secretary to Government, Finance (Pay Cell) Department, Secretariat, St.George Fort, Chennai.

2. The State of Tamilnadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Fort.St.George, Chennai 600 009

3. The Commisisoner, Corporation Building, Madurai 1/5

4. The Assistant Commisisoner (Personnel) Corporation Building, Madurai : Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the order made in MaNi2/20221/2013 dated Feb 2015 as well as the consequential order made in No.MaNi22/20221/2013 dated 12.03.2015 passed by the fourth respondent and quash thee same and consequently directing the respondents to revise the pay scale of the petitioner as 5200-20200+2200 as per the G.O.Ms.No. 234 dated 01.06.2009 issued by the first respondent and to pay the arrears within the time stipulated by this Court.

For Petitioner : Mr.M.Kaliraj For R1 and R2 : Mr.B.Farjana Ghoushia Special Government Pleader For R3 : Mr.R.Murali

ORDER

The writ petition had been filed seeking to quash the impugned order made in MaNi2/20221/2013 dated Feb 2015 on the consequential order dated 12.03.2015, praying to revise the pay scale of the petitioner as 5200-20200+2200 as per G.O.Ms.No.234, dated 01.06.2009. 2/5

2.When the matter is taken up for hearing, the learned Counsels appearing on either side submitted that subsequently the claim of the similarly placed persons were considered.

3.Therefore this Court without going into the merits of the case, directs the petitioner to submit a fresh representation to the fourth respondent and the fourth respondent shall consider the same and pass orders on merits and in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order. Accordingly, the impugned order made in Mani2/20221/2013, dated February 2015 and the Consequential order made in MaNi22/20221/2013, dated 12.03.2015 are set aside and this Writ Petition is disposed of as per the above directions. No costs. Consequently, connected miscellaneous petition is closed.

15.09.2022 Index : Yes / No Internet : Yes/ No lr 3/5

To

1. The Principal Secretary to Government, Finance (Pay Cell) Department, Secretariat, St.George Fort, Chennai.

2. The State of Tamilnadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Fort.St.George, Chennai 600 009

3. The Commisisoner, Corporation Building, Madurai

4. The Assistant Commisisoner (Personnel) Corporation Building, Madurai 4/5

S.SRIMATHY, J.

lr W.P(MD).No.13423 of 2015 15.09.2022 5/5