S. Selvakumar v. The Agricultrual Production

W.P.(MD).No.6826 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.6826 of 2014 and M.P.(MD).No.2 of 2014 1.S.Selvakumar 2.S.Xavier 3.A.Kumar 4.P.Sundarapandian 5.R.Nagarajan ... Petitioners Vs.

1.The Agricultural Production Commissioner, & Principal Secretary to Government, Agricultural Department, Chennai - 9.

2.The Director of Agriculture, Chepauk, Chennai - 5.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Chennai relating to Government Letter No.7790/Ntep4(2)/2012-5 dated 14.11.2013 and quash the same in respect of the petitioners and consequently direct the respondents to extend the same monetary benefit to the petitioners as granted in G.O.Ms.No.340, Finance (Paycell) Department, dated 26.08.2010 to the similarly placed persons within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Viswalingam For Respondents : Mr.D.Muruganandam Additional Government Pleader

ORDER

This writ petition is filed for issuing a Writ of Certiorarified Mandamus to quash the proceedings of the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Chennai, relating to Government Letter No.7790/ntep4(2)/2012-5 dated 14.11.2013 and consequently direct the respondents to extend the same monetary benefit to the petitioners as granted in G.O.Ms.No.340, Finance (Paycell) Department, dated 26.08.2010.

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W.P.(MD).No.6826 of 2014 2.The petitioners in the writ petition were initially appointed as Assistant Agricultural Officer by recruitment after calling for application through Employment Exchange during 2009. It is not in dispute that similar writ petitions preferred by similarly placed persons were allowed by this Court in a batch of writ petitions in W.P.(MD).No.15375 to 15383 of 2013 and connected matters in 03.10.2019, wherein similar orders passed by the first respondent were set aside and the respondents were directed to refix the pay and allowance on par with the petitioners' batch-mates who had joined prior to 01.06.2009 and who were given the benefit of G.O.Ms.No.340, dated 26.08.2010 with all monetary benefits and attendant benefits.

3.In tune with the order passed earlier by this Court, this writ petition is allowed and the impugned passed by the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Chennai in Government Letter No.7790/ntep4(2)/2012-5 dated 14.11.2013 is set aside and the the respondents are directed to re-fix the pay and allowance on par with the petitioners' batch-mates who had joined prior to 01.06.2009 and who were given the benefit of G.O.Ms.No.340, dated 26.08.2010 with all monetary benefits and attendant benefits within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Agricultural Production Commissioner, & Principal Secretary to Government, Agricultural Department, Chennai - 9.

2. The Director of Agriculture, Chepauk, Chennai - 5.

+1 CC to Mr.S.VISVALINGAM, Advocate ( SR-93045[F] dated 18/10/2019 ) +1 CC to SPL GP ( SR-93240[F] dated 21/10/2019 ) W.P.(MD).No.6826 of 2014 18.10.2019 tm MK (01.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2