Nagarajan .C v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.19224 of 2023 C.Nagarajan ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretaty, Finance (Pay Cell-II) Department, St.George Fort, Secretariat, Chennai.
2.The State of Tamil Nadu, Represented by its Secretaty, Health and Family Welfare Department, St.George Fort, Secretariat, Chennai.
3.The Director of Public Health and Preventive Medicine, O/o. The Director of Public Health and Preventive Medicine, DMS Compound, Teynampet, Chennai-600 006.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5
respondents to step up/upward the pre revised scale of pay of the Chief Water Analyst and Government Analyst from Rs.15600--39100 + GP 7600 - to Rs.37400-67000 + GP 8700/- on par with the post of Joint Director of Public Health and Preventive Medicine and State Maternal and Child Health Officer under the Director of Public Health and Preventive Medicine and consquentially to confer the pay along with arrears notional effect from 01.01.2006 and monetary benefits from 01.08.2010 based on the One Man Commission report 2010 and Tamil Nadu Revised Scale of pay 2009 and by considering the petitioner's representation, dated 04.09.2023 within the period that may be stipulated by this Court.
For Petitioner : Mr.S.Mohammed Suhail for M/s.Ajmal Associates For Respondents : Mr.T.Villavan Kothai Additional Government Pleader
ORDER
The present writ petition has been filed by a retired Chief Water Analyst and Government Analyst seeking a Mandamus to step up his pre-revised scale of pay.
2. According to the learned counsel appearing for the writ petitioner, the petitioner is entitled to step up/upward the pre-revised 2/5
scale of pay from Rs.15600 - 39100 + GP 7600 to Rs.37400 - 67000 + GP 8700. According to the learned counsel appearing for the petitioner, the petitioner seeks parity with the post of Joint Director of Public Health and Preventive Medicine and State Maternal and Child Health Officer. He further seeks to confer the pay along with arrears with notional effect from 01.01.2006 and monetary benefits from 01.08.2010 onwards. Requesting the said prayer, the petitioner has sent a representation to the 3rd respondent on 04.09.2023. The said representation has been received and acknowledged by the 3rd respondent also. So far, the 3rd respondent has not responded to the said representation. Hence, the present writ petition.
3. On instructions, the learned counsel for the petitioner submits that though he had prayed for a positive Mandamus, his client would be satisfied by a direction to the 3rd respondent to dispose of the representation, dated 04.09.2023.
4. Recording the same, the 3rd respondent is directed to consider the said representation of the petitioner, dated 04.09.2023 and if he finds it fit, the same may be forwarded to the 1st respondent for passing of 3/5
orders. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
06.10.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No gbg To 1.The Secretaty, The State of Tamil Nadu, Finance (Pay Cell-II) Department, St.George Fort, Secretariat, Chennai.
2.The Secretaty, The State of Tamil Nadu, Health and Family Welfare Department, St.George Fort, Secretariat, Chennai.
3.The Director of Public Health and Preventive Medicine, O/o. The Director of Public Health and Preventive Medicine, DMS Compound, Teynampet, Chennai-600 006.
4/5
R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
06.10.2023 5/5