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Madras High CourtWP(MD)/1889/2015dismissed

G.Jeyapal (Gr-Ii)Retd v. The Government Of Tamilnadu

2020-12-02Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.1889 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.1889 of 2015 G.Jayapal ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Secretary to Home Department, Fort St.Geroge, Chennai - 600 009.

2.The Additional Director General of Prison, No.1 Gandhi Irvin Road, Egmore, Chennai 600 008.

3.The Superintendent of Prison, Central Prison, Madurai - 625 016.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd Respondent in No.4546/Po.3/2014, dated 10.04.2014 and quash the same and consequently direct the respondents 2 and 3 to give the proper increment with monetary benefits equal to the Rank of Grade-II Constable to the petitioner.

For Petitioner : Mr.A.Rajaram For Respondens : Mr.P.Mahendran Addl.Govt.Pleader

O R D E R

The cut-off date fixed for the grant of benefit under the Government Order issued in G.O.No.234, Finance (Pay Cell) Department, dated 01.06.2009 is 01.01.2006. The 3% allowance is to be granted in respect of the employees, who are awarded Selection Grade or Special Grade after 01.01.2006. The benefits of 3% increase of allowance was granted, in order to rectify the anomaly occurred during the pay fixation with reference to the employees, who were awarded Selection Grade and Special Grade after 01.01.2006. Admittedly, the Writ Petitioner was awarded Selection grade prior to 01.01.2006.

2. In view of the fact that the Writ Petitioner is not falling within the cut-off date of 01.01.2006, for grant of 3% allowance, his case was not considered and therefore, there is no infirmity as https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.1889 of 2015 such and accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK To 1.The Secretary to Home Department, The Government of Tamil Nadu, Fort St.Geroge, Chennai - 600 009.

2.The Additional Director General of Prison, No.1 Gandhi Irvin Road, Egmore, Chennai 600 008.

3.The Superintendent of Prison, Central Prison, Madurai - 625 016.

+1 CC to M/s.SPL GP ( SR-23927[F] dated 03/12/2020 ) W.P.(MD)No.1889 of 2015 02.12.2020 SN(CO) KB(17.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/