K.Subramanian, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2024

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY K.Subramanian

...Petitioner

vs.

1.The Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.

3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, 9F, St.Thomas Road, Maharaja Nagar, Tirunelveli - 627 011.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to direct the respondents 2 and 3 to revise the scale of pay of the petitioner in the cadre of Deputy Manager instead of Assistant Manager as held in I.D.No.102 of 1996 dated 28.01.2001 on the file of Industrial Tribunal, Chennai in the light of the order passed by this Court in W.P.No.37762 of 2002 dated 16.09.2013 based on the petitioner's representation dated 28.02.2018.

For Petitioner :

Mr.D.Srinivasaragavan For Respondents :

Mr.P.Thambidurai, Government Advocate for R1 and R2 Mr.G.Mohankumar for R3

O R D E R

The Writ Petition has been filed to direct the respondents 2 and 3 to revise the scale of pay of the petitioner in the cadre of Deputy Manager instead of Assistant Manager as held in I.D.No.102 of 1996 dated 28.01.2001 on the file of Industrial Tribunal, Chennai in the light of the order passed by this Court in W.P.No.37762 of 2002 dated 16.09.2013.

2. The learned counsel for the petitioner would submit that the third respondent in his counter has stated that the Government has already passed an order dated 24.02.2017 stating that pay revision to the Packer, Bill Clerk, Assistant Manager, Helper and Mill Operator in Tamil Nadu Civil Supplies Corporation is not feasible.

3. Since the order dated 24.02.2017 has been passed only in pursuance of the order in W.P.No.37762 of 2002, the prayer in this writ petition cannot be granted. Therefore, the present Writ Petition is dismissed with a liberty to challenge the order dated 24.02.2017 before the appropriate forum, if so advised. No costs.

4. The third respondent is directed to furnish a copy of the order dated 24.02.2017 to the petitioner.

5. After passing the above orders, the third respondent handed over a copy of the order dated 24.02.2017 to the petitioner. Therefore, the receipt of the order dated 24.02.2017 by the petitioner is the date of this order.

06.11.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.

KRISHNAN RAMASAMY , J.

mbi 06.11.2024