Madras High Court
M.K.Vijaya Raghavan vs ) The Secretary To Government on 1 December, 2014
Author: M.Venugopal
Bench: M.Venugopal
BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2014 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition(MD).No.19384 of 2014 M.K.Vijaya Raghavan ... Petitioner Vs. 1) The Secretary to Government, Transport Department, Secretariat, Chennai-9. 2) The Secretary to Government, Finance Department, Secretariat, Chennai-9. 3) The Director, Tamil Nadu Motor Vehicles Maintenance Department, Velachery, Chennai-600 042. 4) The Regional Deputy Director, Government Automobile Workshop, Collectorate Complex, Madurai-20. ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the Respondents to provide revised Grade Pay of Rs.4,200/- on par with the similarly placed persons along with necessary arrears and monetary benefits within the time period stipulated by the Hon'ble Court. !For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Bharathi, GA :ORDER
Heard Mr.T.Lajapathi Roy, Learned Counsel for the Petitioner and Mrs.S.Bharathi, Learned Government Advocate appearing for the Respondents.
2. The Petitioner has preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondents to provide him revised Grade Pay of Rs.4,200/- on par with similarly placed persons along with necessary arrears and monetary benefits within the time stipulated by this Court.
3. According to the Petitioner, he was appointed in the post of Helper on 02.05.1986 at Government Automobile Workshop at Trichirappalli. Lateron, he was transferred to Madurai during the year 1987. Subsequently, he was posted as a Fitter on 28.01.1990 at Sivagangai.
4. After rendering an unblemished service for more than 10 years, he was provided with Selection Grade on 03.05.1996. After completion of 20 years of service he was provided with Special Grade on 06.05.2006. On 10.06.2007, he was promoted to the post of Mechanic Grade-II. He is presently provided with a Grade Pay of Rs.2,600/-.
5. It is the case of the Petitioner that similarly situated person by name Kalyanasundaram has been provided with Grade Pay of Rs.4,200/- as on 01.01.2006 in the light of the Government Order in G.O.Ms.No.234 Finance (PC) Department, dated 01.06.2009 and Government Order in G.O.Ms.No.338 Finance (PC) Department, dated 26.08.2010.
6. Although he is employed as Mechanic Grade-II classified as Skilled Assistant Grade-II, he is deprived of revision of Grade Pay. As per the proceedings in No.A1/2035/2013-14 dated 25.11.2013, Kalyanasundaram who is also working in the same post has been provided with revised Grade Pay of Rs.4,200/- and the pay has been duly refixed with effect from 01.04.2013 with all attendant benefits.
7. The Petitioner made a detailed representation dated 18.11.2014 addressed to the Respondents narrating all the aforesaid facts and prayed for revision of Grade Pay of Rs.4,200/- on par with similarly placed persons along with necessary arrears and monetary benefits. However, no action appears to have been taken till date.
8. The real grievance of the Petitioner appears to be that although several similarly placed persons like him were provided with the Grade Pay of Rs.4,200/-, the Respondents had not considered his claim till date and making him run from pillar to post. Further, he is put to irreparable loss and hardship.
9. The Learned Counsel for the Petitioner vehemently contends that the Respondent should have considered the Representation of the Petitioner dated 18.11.2014 in regard to the revision of Grade Pay of Rs.4,200/- on par with similarly placed persons together with arrears being paid to him etc and the non consideration of his representation by the Respondents has forced the Petitioner to project the Writ Petition before this Court.
10. The whole submission of the Learned Counsel for the Petitioner is that as per the proceedings dated 25.11.2013 similarly placed person one Kalyanasundaram who is also working in the same post was provided with revised Grade Pay of Rs.4,200/-.
11. Finally, the Learned Counsel for the Petitioner projects an argument, if the Petitioner is deprived of his revised Grade Pay of Rs.4,200/- etc, then it will violate the principle of equality enshrined under the Constitution of India.
12. In view of the fact that the Petitioner in the present Writ Petition has sought for his revision of Grade Pay of Rs.4,200/- on par with similarly placed persons along with necessary arrears and monetary benefits etc, this Court taking note of the fact that the Petitioner has made a detailed representation on 18.11.2014 addressed to all the Respondents, in the interest of justice, fair play, equity and good conscience directs the 3rd Respondent/Director, Tamil Nadu Motor Vehicles Maintenance Department, Chennai-42, to look into the representation of the Petitioner dated 18.11.2014 in a purposeful, pragmatic, practical and dispassionate manner and to dispose of the same on merits by passing a reasoned speaking order specifying necessary reasons thereto within a period of four weeks from the date of receipt of a copy of this order (of course after providing adequate opportunity to the Petitioner and others concerned if any, by adhering to the principles of natural justice).
13. With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.
To
1) The Secretary to Government, Transport Department, Secretariat, Chennai-9.
2) The Secretary to Government, Finance Department, Secretariat, Chennai-9.
3) The Director, Tamil Nadu Motor Vehicles Maintenance Department, Velachery, Chennai-600 042.
4) The Regional Deputy Director, Government Automobile Workshop, Collectorate Complex, Madurai-20.