Tamil Nadu Judicial Bailiffs / Senior ... vs State Of Tamil Nadu on 1 December, 2016

[Cites 1, Cited by 0]

Madras High Court

Tamil Nadu Judicial Bailiffs / Senior ... vs State Of Tamil Nadu on 1 December, 2016

Bench: Sanjay Kishan Kaul

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 01.12.2016  

CORAM   

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE              
AND  
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU             

W.P.(MD).No.12698 of 2010  

Tamil Nadu Judicial Bailiffs / Senior Bailiffs
 Association, District Centre,
Madurai,
through its District President,

T.Thambidurai                                                           .. Petitioner
                        
Vs.

1.State of Tamil Nadu,
   rep. by the Secretary,
   Home (Courts) Department, 
   St. George Fort,
   Chennai ? 600 009.

2.The Registrar General,
    High Court of Judicature at Madras,
    Chennai.

3.V.Marimuthu 

4.Tamil Nadu Judicial Bailiffs Association,
   District Centre at Karur District Court,
   Karur, through its President,
   P.Murugesan 

5.Tamil Nadu Judicial Bailiffs Association,
   District Centre at Pudukkottai
   District Court, Pudukkottai,
   through its President,
   S.Manoharan                                                  ..  Respondents
(R3 to R5 impleaded as per the order dated 19.06.2014 in M.P.(MD).No.1 to 3
of 2014)                                                                        
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, to direct the respondents to
refix / revise pay of Bailiffs / Senior Bailiffs from Rs.3200 ? 85 ? 4900 to
Rs.4000 ? 100- 6000 with effect from 01.04.2003.
!For Petitioner         : Mr.R.V.Rajkumar 

For 1st respondent      : Mr.A.K.Baskara Pandian, 
                                                Addl.Government Pleader  

                For 2nd respondent      : Mr.N.Mohideen basha  

                For respondents 3 to 5 : Mr.R.Balakrishnan

:ORDER

[Order of the Court was made by The Hon'ble The Chief Justice] A plea is sought to be taken in the counter affidavit that no recommendation, as claimed for by the petitioner, was made in respect of Senior Bailiffs and thus the recommendation has been implemented in respect of Junior Bailiffs.

2. The learned counsel for the petitioner has drawn our attention to the relevant portion of Shetty Commission's Recommendations, dealing with the cadre of Bailiffs, where the class consists of two cadres, viz., Process Servers and Senior Bailiffs. The pay scale is recommended as admissible to Assistant/LDC in the respective States be given to the cadre of Bailiffs/Head Bailiffs.

3. In the nomenclature used in the State of Tamil Nadu, as apparent from the counter affidavit itself, Junior Bailiff is only Process Server and Senior Bailiff is Bailiff.

4. In view of the aforesaid position emerging from the records, the State Government shall take necessary action and pass appropriate orders within a period of two months from today. The petition stands disposed of. No order as to costs. Connected miscellaneous petitions are closed.

1.The Secretary, Home (Courts) Department, St. George Fort, Chennai ? 600 009.

2.The Registrar General, High Court of Judicature at Madras, Chennai. .

Unlock Advanced Research with PRISMAI

Madras High Court