Kumari Maavatta Aalaya Ooliyargal Sangam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Kumari Maavatta Aalaya Ooliyargal Sangam, Rep.by its Secretary, Mr.A.Aji Kumar, (Regn.No.466/K.K.M), C.I.T.U District Committee Office, Veturnimadam, Nagercoil, Kanyakumari District-629 003. ... Petitioner Vs
1. The State of Tamil Nadu, Rep.by its Secretary to Government, Department of Tamil Development, Culture and Religious Endowment, Fort St.George, Chennai-600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Nungambakkam High Road, Chennai-600 034.
3.The Joint Commissioner cum Executive Officer, Incorporated & Unicorporated Devaswoms, Suchindrum, Kanyakumari District.
...Respondents
Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to extend the benefit of G.O.(Ms).No.257 Department of Tamil Development Culture and Religious Endowment, dated 10.06.1998 to the members of the petitioner association and re-fix the scale of pay of the members of the petitioner association who are working as Kavalar, Sirappu Kavalar, Kulam Kavalar, Karuvoolapurai Kavalar, Thotta Kavalar, Brahamana Kavalar, Mel Santhi, Kil Santhi, Santhi, Amman Santhi, Petti Santhi , Nathaswaram, Thavil, Panchavathiyam, Thali, Thoopu , Puram Thoopu, Pathiram Theipu, Thevaram, Thuram, Thubashi, Thiranadai Kaval , Thavala Sangu, Vilakeduppu, Vilakeduppu Thoopu, Maalaikattu, Kaaniatchi Kothan, Kazham, palavelai, palavelai (Minor) Surithi, Pasuram etc., as Rs.2610-60-3150-65-3540/- on par 1/3
with the re-fixed scale of pay of similarly placed persons with effect from 01.07.1997 along with monitory benefits as per the petitioner's representation dated 16.07.2019. For Petitioner :
Mr.L.Shaji Chellan For Respondents :
Mr.P.Subburaj Special Government Pleader for RR1 and 2 Mr.K.Sathiya Singh for R3 ******
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 to 3 herein to extend the benefit of G.O. (Ms).No.257 Department of Tamil Development Culture and Religious Endowment, dated 10.06.1998 to the members of the petitioner Association and refix the scale of pay of the members of the petitioner Association on par with the re-fixed scale of pay of similarly placed persons with effect from 01.07.1997 along with monitory benefits as per the petitioner representation dated 16.07.2019.
2. The grievance of the petitioner is that the revised pay as admissible as per the Government Order issued in G.O.(Ms).No.257 Department of Tamil Development Culture and Religious Endowment, dated 10.06.1998, has not been extended to the members of the petitioner.
3. The learned counsel appearing for the petitioner made a submission that the Government has issued the order for revision of scale of pay and such revision has not been implemented in respect of the members of the Petitioner Sangam.
4. The learned counsel appearing for the third respondent furnished a copy of the proceedings of the Commissioner of Hindu Religious and Charitable Endowments (Administration) Department dated 15.12.2020, addressing to the Joint Commissioner/Executive Officer by stating that the revised salary has already been sanctioned in favour of the members of the petitioner Sangam.
5. In view of the fact that the Commissioner has already accorded for sanction of revision of pay as per the Government Order in-force, the same is to be granted in all respects to the members of the petitioner Sangam. In this regard, the respondents shall refix the scale of pay as per the sanctioned order and accordingly, pay the salary to the members of the petitioner Sangam, without 2/3
causing any undue delay. The said exercise is directed to be done within a period of 12 weeks from the date of receipt of a copy of this order.
6. Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) To
1. The State of Tamil Nadu, Rep.by its Secretary to Government, Department of Tamil Development, Culture and Religious Endowment, Fort St.George, Chennai-600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Nungambakkam High Road, Chennai-600 034.
3.The Joint Commissioner cum Executive Officer, Incorporated & Unicorporated Devaswoms, Suchindrum, Kanyakumari District.
+1 CCtoM/s.L.SHAJI CHELLAN, Advocate (SR-21375[F] dated 26/04/2022 ) +1 CCtoM/s.K.SATHIYA SINGH, Advocate (SR-21087[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21147[F] dated 26/04/2022 ) ORDER MADE IN 25.04.2022 PKP/13.05.2022/3P/7C 3/3