Madras High Court
M.Mayilsamy vs The Commissioner on 20 November, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.34898 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.34898 of 2024
and
W.M.P.No.37835 of 2024
1. M.Mayilsamy
2. K.Natarajan
3. Sabari Nathan
4. Bashkar
5. P.Vijayakumar
All are residing at:
Milk Recorders,
Aavin, Coimbatore DCMPU Ltd.,
Pachapalayam, Kalampalayam Village,
Siruvani Main Road,
Coimbatore – 10. ... Petitioners
Vs.
1. The Commissioner,
Milk Production and Diary Development
Nandanam,
Chennai – 600 035.
2. The General Manager,
The Coimbatore District Co-operative
Milk Production Union Limited.
Perur Taluk,(Coimbatore Aavin),
Siruvani Main Road, Pachapalayam,
Coimbatore – 641 010.
https://www.mhc.tn.gov.in/judis
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W.P.No.34898 of 2024
3. The Director,
Milk Production and Dairy Development,
36A, Extension,
Pasumpon Muthuramalinga Road,
Nandanam,
Chennai – 600 035. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 3 to pay the
increased Grade pay at Rs.5200-20200+Grade pay Rs.2400 from
06.01.2014 along with arrears till date by considering the representation
of the petitioner.
For Petitioners : Mr.B.Nedunzhelian
For Respondents : Mr.V.Rajinikanth
Standing Counsel
ORDER
This Writ Petition is filed seeking a direction to the respondents to pay the increased Grade pay at Rs.5200-20200+Grade pay Rs.2400 from 06.01.2014 along with arrears till date by considering the representation https://www.mhc.tn.gov.in/judis 2/6 W.P.No.34898 of 2024 of the petitioner.
2. The case of the petitioner is that, the petitioners were appointed as Senior Factory Assistant in Combatore, Aavin Unit, of the respondent and have been serving for more than 21 years. The petitioners 1 to 4 were promoted as Milk Recorder on 06.01.2014 and the 5th petitioner was promoted on 13.01.2014. The petitioners have been drawing salary of Rs.5200 – Rs.20200 + Grade Pay Scale Rs.1900 as per the 6th pay commission, whereas the same was fixed, a time scale, as Rs.3050 – Rs.4590 as per 5th pay commission. The petitioners state that, as per New Adhoc Service Rules, the Milk Recorders including the petitioners having Grade III must be given an Upper Grade of Grade II after completing 3 years of service in Grade III and the Grade Pay of Rs.2400/- shall be given. But this is violated by the respondent. But in case of Mr.E.N.Ramesh, who was an employee of the Federation Limited, was given such Grade Pay by invoking the said New Adhoc Rules. The petitioners made several representations to the respondents requesting to pay the Grade Pay of Rs.2400, but none of their representations were considered by the respondents till date. Hence, the https://www.mhc.tn.gov.in/judis 3/6 W.P.No.34898 of 2024 present writ petition has been filed.
3. The Learned Standing Counsel appearing for the respondents would submit that, the representations of the petitioners will be considered and appropriate orders will be passed on the same, on merits and in accordance with law, within a time fix by this Court.
4. In view of the submission made by the Learned Standing Counsel, without expressing any opinion on merits of the case, this Court hereby directs the respondents to consider the representations of the petitioners and pass appropriate orders on merits and in accordance with law, within a period of sixteen weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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1. The Commissioner, Milk Production and Diary Development Nandanam, Chennai – 600 035.
2. The General Manager, The Coimbatore District Co-operative Milk Production Union Limited.
Perur Taluk,(Coimbatore Aavin), Siruvani Main Road, Pachapalayam, Coimbatore – 641 010.
3. The Director, Milk Production and Dairy Development, 36A, Extension, Pasumpon Muthuramalinga Road, Nandanam, Chennai – 600 035.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.34898 of 2024 V.BHAVANI SUBBAROYAN, J.
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