Madras High Court
The Pondicherry Government vs The Registrar on 18 August, 2017
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh, G.Jayachandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.20562 of 2014
1. The Pondicherry Government
Information Technology Professional
Association (PGITPA)
rep by its President Mr.S.Rajasegaran
No.53, Canteen Street
Pondicherry 605 001
2. P.Ragupathi .. Petitioners
-vs-
1. The Registrar
Central Administrative Tribunal
Chennai Bench
Family Court Buildings
Madras High Court
Chennai 600 104
2. Union of India
Union Territory of Puduchery
rep. by Chief Secretary
Government of Puducherry
Chief Secretariat
Puducherry
3. The Secretary (Finance)
Government of Puducherry
Chief Secretariat
Puducherry
4. The Director cum Joint Secretary (IT)
Department of Information Technology
Puducherry .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of the first respondent dated 02.04.2014 passed in O.A.No.1500 of 2011, quash the said order dated 02.04.2014 and consequently direct the Government of Puducherry, the respondents 2 to 4 to give effect to the recommendations of the Single Member Committee and to revise the pay scales of the post of Data Processing Assistants as Rs.6500-10500 (pre-revised) as per the Fifth Pay Commission and consequently revise the pay scale for the said post in the Grade Pay of Rs.4600/- as per the Sixth Pay Commission.
For Petitioners :: Mr.B.Jegannath
For Respondents :: R1-Tribunal
Mr.R.Syed Mustafa
Special Government Pleader (Pondy)
for R2 to R4
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) Aggrieved by the order dated 2.4.2014 passed by the Central Administrative Tribunal dismissing the Original Application No.1500 of 2011 filed by the petitioners, the present writ petition has been filed.
2. Heard the learned counsel for the parties.
3. The case of the writ petitioners is that after the constitution of the Sixth Pay Commission, there was a pay anomaly and a Single Member Committee was constituted by the Government of Puducherry for rectification of the said pay anomaly and pursuant thereto, the Single Member Committee has also submitted its recommendations. While so, the Union Government has not approved the appointment of the Single Member Committee. At this juncture, it is the submission of the learned counsel for the petitioners that the pay anomaly has to be set right as per the Sixth Pay Commission and according to the writ petitioners, the members are entitled to the Grade Pay of Rs.4,600/- in the Pay Band-2 with effect from 1.1.2006.
4. It is the submission of the learned Special Government Pleader (Pondy) for the respondents 2 to 4 that whatever pay the members of the petitioners are entitled to as per the Sixth Pay Commission has been considered and paid to them.
5. In view of the above submissions, we are of the view that a further representation may be given by the writ petitioners as to the rectification of the pay anomaly, if any, that can be looked into and examined by the respondents 2 to 4 from the point of revised pay scale as per the Sixth Pay Commission. Accordingly, the writ petitioners are directed to give a representation in this regard within a period of one month from the date of receipt of a copy of this order and it is for the respondents 2 to 4 to examine the said request and to do the needful, if any anomaly is noticed, in accordance with law. With this observation, the writ petition stands disposed of accordingly. Consequently, M.P.Nos.1 & 2 of 2014 are closed. No costs.
Index : yes/no (H.G.R.,J.) (G.J.,J.)
18.08.2017
ss
To
1. The Registrar
Central Administrative Tribunal
Chennai Bench
Family Court Buildings
Madras High Court
Chennai 600 104
2. The Chief Secretary
Government of Puducherry
Chief Secretariat
Puducherry
3. The Secretary (Finance)
Government of Puducherry
Chief Secretariat
Puducherry
4. The Director cum Joint Secretary (IT)
Department of Information Technology
Puducherry
HULUVADI G.RAMESH, J.
AND
G.JAYACHANDRAN, J.
ss
W.P.No.20562 of 2014
18.08.2017