R.Sakkaraiyammal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2019 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.R.Sakkaraiyammal 2.C.Veerammal 3.C.Meenakshi ... Petitioners Vs.
1.The State of Tamil Nadu, represented by its Principal Secretary, Finance (Salary) Department, Secretariat, Chennai -9.
2.The District Collector, Office of the Collector, Madurai District - 625 020.
3.The Assistant Director (Panchayat), Madurai District, Madurai - 625 020.
4.The Block Development Officer, Usilampatti, Madurai District - 625 532.
5.The President, Mekkilarpatti Village Panchayat, Usilampatti Taluk, Madurai - 625 532.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to bring the petitioners services under special time scale of pay with effect from 15.09.2010 by considering the representation of the petitioners dated 09.12.2019, in the light of G.O.Ms.No.385, Finance (Salary) Department, dated 01.10.2010 on the file of the respondent No.1 within a time stipulated by this Court. For petitioner : Mr.V.Manikandan For respondents 1 to 3 : Mr.M.Jeyakumar, Addl. Government Pleader For respondents 4 & 5 : Mr.R.Sethuraman, Special Government Pleader 1/3
ORDER
This writ petition has been filed directing the respondents to bring the petitioners service under Special time scale of pay with effect from 15.09.2010 by considering their representation dated 09.12.2019, in the light of G.O.Ms.No.385, Finance (Salary) Department, dated 01.10.2010.
2. Heard the learned counsel for both sides. By consent, the writ petition itself is taken up for final disposal at the stage of admission itself.
3. According to the petitioners, in the year 1997, they were appointed as Sanitary Workers on consolidated pay in the 5th respondent Panchayat and now they are receiving only a sum of Rs.4,000/- p.m. as salary. The first respondent had issued G.O.Ms.No.385, Finance (Salary) Department, dated 01.10.2010 for bringing the persons who have been working on consolidated pay for more than three years under special time scale of pay. Based on the said G.O., the petitioners have sent a representation dated 09.12.2019 to the respondents for regularization of their service with effect from 15.09.2010. But, the same has not been considered by the respondents. Hence, they have come up with this writ petition.
4. Considering the facts and circumstances of the case and also considering the limited relief sought for by the petitioners, this Court, without going into the merits of the contention raised by the petitioners, directs the second respondent to consider the representation of the petitioners, dated 09.12.2019, in the light of G.O.Ms.No.385, Finance (Salary) Department, dated 01.10.2010 and as per the Government orders in force, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioners are directed to send a copy of this order along with the representation dated 09.12.2019 to the second respondent for early consideration of the matter by the 2nd respondent.
5. This writ petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS) // True Copy // Sub Assistant Registrar(CS) gcg 2/3
To 1.The Principal Secretary, Finance (Salary) Department, Secretariat, Chennai -9.
2.The District Collector, Office of the Collector, Madurai District - 625 020.
3.The Assistant Director (Panchayat), Madurai District, Madurai - 625 020.
4.The Block Development Officer, Usilampatti, Madurai District - 625 532.
5.The President, Mekkilarpatti Village Panchayat, Usilampatti Taluk, Madurai - 625 532.
+1 CC to M/s.V.MANIKANDAN, Advocate ( SR-106178[F] dated 20/12/2019 ) 20.12.2019 na(CO) TR(20.12.2019)3P 7C 3/3