R.Balasubramanian, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.17534 of 2013 1.R.Balasubramanian 2.A.Senthilkumaran 3.M.Lakshmanan 4.S.Mayilsamy 5.K.Ramesh 6.C.Sridhar 7.A.Muthuchezhian 8.C.Sivaranjini 9.K.Kavitha 10.S.Manoranjitham 11.S.Tamilarasi 12.K.Karthik Kumar 13.G.Emanuel Selvan 14.M.Murugeswari 15.G.Sundaramoorthy 16.E.Anburaj ... Petitioners -vs1. The State of Tamil Nadu, represented by its Principal Secretary to Government, Finance(Pay Cell) Department, Fort St.George, Chennai.

2. The Commissioner of Treasuries and Accounts, Panagal Maligai, Saidapet, Chennai-15

3. The District Treasury Officer, Madurai, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to rectify the pay anomaly in the post of Accountant by fixing higher time scale of pay than the one fixed for the post of Graduate Junior Assistant as the Feeder Post of Junior

Assistant and Promotion post of Accountant are allowed to exist in an identical scale though the level of duties/responsibilities and qualification attached to the said posts are manifestly distinct and consequently to direct the first respondent to pay the difference amount after rectification of anomaly w.e.f. the date of appointment of the Petitioners in the post of Accountant. For Petitioners : M/s.B.Saravanan For Respondents : Mr.M.Muthu 1 and 2 Additional Government Pleader

O R D E R

The grievances of the Writ Petitioner in this Writ Petition is in respect of the pay anomaly in the post of Accountant.

2.The learned counsel for the Writ Petitioner states that the first respondent has to rectify the pay anomaly in the post of Accountant by fixing higher time scale of pay than the one fixed for the post of Graduate Junior Assistant as the feeder post of Junior Assistant and the promotion post of Accountant. At the outset, the Writ Petitioners represent that the pay as admissible under the Pay Rules has not been paid to them. In this regard, they have cited Government Orders and thereafter, sent a representation, dated 27.4.2012 to the respondents and the same is yet to be considered.

3.Thus, without going into the merits of the matter, the second respondent is directed to consider the representation submitted by the Petitioner on 27.04.2012 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The Writ Petitioners are directed to enclose a copy of the representation and fresh representation if any and the Government orders along with a copy of this order to the second respondent, for further action. 4.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To

1. The Principal Secretary to Government, Government of Tamil Nadu, Finance(Pay Cell) Department, Fort St.George, Chennai.

2. The Commissioner of Treasuries and Accounts, Panagal Maligai, Saidapet, Chennai-15

3. The District Treasury Officer, Madurai, Madurai District.

+ 1 cc TO Mr.B.Saravanan , Advocate in SR No. 52379 + 1 cc TO The Special Government Pleader in SR No. 52906 vsn AE/KKR/SAR3/12.03.2018/3P/6C W.P(MD)No.17534 of 2013 01.03.2018