N.Muniandi vs The State Of Tamil Nadu on 29 March, 2006

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Madras High Court

N.Muniandi vs The State Of Tamil Nadu on 29 March, 2006

Bench: P.Jyothimani

       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


DATED : 29/03/2006


CORAM
THE HONOURABLE  Mr. JUSTICE P.JYOTHIMANI


Writ Petition No.11750 of 2005
Writ Petition Nos.11751 to 11757 of 2005

1.N.Muniandi	     			... Petitioner in
					    W.P.No.11750 of 2005

2.S.Murugesan				... Petitioner in
					    W.P.No.11751 of 2005

3.M.Chitraaputhrapillai			... Petitioner in
					    W.P.No.11752 of 2005

4.T.Govindaragavan			... Petitioner in
					    W.P.No.11753 of 2005

5.C.Ramasamy	     			... Petitioner in
					    W.P.No.11754 of 2005

6.K.Pandian				... Petitioner in
					    W.P.No.11755 of 2005

7.S.Veeraian				... Petitioner in
					    W.P.No.11756 of 2005

8.K.Raman				... Petitioner in
					    W.P.No.11757 of 2005

Vs.

1.The State of Tamil Nadu,
  rep. by Agricultural Production
  Commissioner and Secretary to
  Government, Agriculture Department,
  Fort St., George, Chennai-9

2.The Chief Engineer (Agricultural
  Engineering Department)
  No.487, Anna Salai,
  Nadanam, Chennai -35.			 ... Respondents in				
		     			     all Writ Petitions			

	

	These Writ Petitions are filed under Article 226 of the Constitution of
India praying for the issuance of a writ of Mandamus, to direct the respondents
to consider the representation preferred by the petitioners on 28.12.2004,
20.12.2004, 20.12.2004, 22.12.2004, 25.12.2004, 22.12.2004, 27.12.2004,
07.11.2005 for awarding of selection grade in the post of Assistant Executive
Engineer (Agricultural Engineering)  with effect from 25.6.1996, 30.08.1998,
16.09.1995, 25.06.1996, 25.06.1996, 27.06.1996, 25.06.1996, 08.09.1995
respectively and consequently order re-fixation of the pay, revision of pension
and payment arrears thereon.


!For Petitioners 	....	Mr.M.Ajmal Khan


^For Respondents 	....	Mr.K.V.Vijayakumar
			       	Special Government Pleader


:COMMON ORDER

Heard Mr.M.Ajmal Khan, learned counsel appearing for the petitioners and Mr.K.V.Vijayakumar, Special Government Pleader appearing for the respondents. By consent of both the counsel, these petitions are taken up for final disposal.

2. These writ petitions are filed for a direction against the respondents to consider the representation of each of the petitioners mentioned therein for awarding of selection grade in the post of Assistant Executive Engineer (Agricultural Engineering) and also consequent re-fixation of pay, revision of pension, etc.

3. The petitioners' case is that though they are diploma holders, they were originally appointed as Junior Engineers, in the second respondent's office and promoted as Assistant Executive Engineers. The promotion was given on the basis of ratio 3:2 between the degree holders and diploma holders respectively and there has been some litigation pending regarding the proportion. These petitioners who have admittedly completed 10 years, in the cadre of Assistant Executive Engineer are eligible for awarding selection grade on completion of 10 years in the said post. In such course of time, all the petitioners were retired. They have made representations to the first respondent on 28.12.2004, 20.12.2004, 20.12.2004, 22.12.2004, 25.12.2004, 22.12.2004, 27.12.2004, 07.11.2005 for the purpose of requesting the second respondent to grant selection grade to them and also pay monetary and other benefits taking into consideration such awarding of selection grade on the ground that they have completed the service as Assistant Executive Engineer for more than 10 years.

4. Mr.M.Ajmal Khan, learned counsel for the petitioners has produced a letter from the second respondent dated 20.10.2005, addressed to one of the writ petitioners stating that the entire matter is pending before the Government and immediately after the consideration of the Government, necessary orders will be passed.

5. Considering the specific stand taken by the second respondent that the matter is pending before the first respondent P.JYOTHIMANI, J.

gcg for consideration, the first respondent is directed to consider the representations of the petitioners dated 28.12.2004, 20.12.2004, 20.12.2004, 22.12.2004, 25.12.2004, 22.12.2004, 27.12.2004, 07.11.2005 respectively and pass appropriate orders by confirming the status of selection grade to the petitioners and also consequently pay the monetary and other benefits, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observations, the Writ Petitions are disposed of. There is no order as to costs.

gcg To

1.The State of Tamil Nadu, rep. by Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Fort St., George, Chennai-9

2.The Chief Engineer (Agricultural Engineering Department) No.487, Anna Salai, Nadanam, Chennai -35.

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