R.Indusekaran, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.735 of 2021 R.Indusekaran ... Petitioner Vs.

1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009.

2.The Director of Rural Development and Panchayat Raj Department, Panagal Buildings, Saidapet, Chennai - 600 015.

3.The District Collector, Ramanathapuram District, Ramanathapuram.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent i.e., the District Collector, Ramanathapuram in his proceedings No. e.f.t2/15154/2013 ehs;: 30.06.2017 and quash the same and consequently direct the respondents to re-fix the pay of the petitioner in the 1/5

cadre of Rural Welfare Officer Grade-I as Rs.465/- instead of Rs.460/- on par with his colleagues and consequential re-fixation of his pay till the date of his retirement and revision of pension within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.P.Thambidurai, Government Advocate (Civil Side).

ORDER

This Writ Petition is filed challenging the order passed by the District Collector dated 30.06.2017 and consequently direct the respondents to re-fix the pay of the petitioner in the cadre of Rural Welfare Officer Grade-I as Rs.465/- instead of Rs.460/- with effect from 01.10.1978.

2. The impugned order declines to add Rs.10 to the petitioner in pay scale. The learned counsel appearing for the petitioner relied on G.O.Ms.No.15 Personnel and Administrative Reforms (FR-III) Department dated 05.01.1987, wherein, it is stated that the change in the mode of fixation is applicable to Special Grade post as well as Special Temporary post. On perusal of the impugned order, it is seen that the respondents have not referred 2/5

G.O.Ms.No.15 Personnel and Administrative Reforms (FR-III) Department dated 05.01.1987

3. Therefore, the impugned order is quashed and the case is remitted back to the third respondent to consider the case of the petitioner in the light of G.O.Ms.No.15 Personnel and Administrative Reforms (FR-III) Department dated 05.01.1987 and pass appropriate order within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

02.12.2022 Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009.

2.The Director of Rural Development and Panchayat Raj Department, Panagal Buildings, Saidapet, Chennai - 600 015.

3.The District Collector, Ramanathapuram District, Ramanathapuram.

4/5

S.SRIMATHY, J.

Nsr 02.12.2022 5/5