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2022 Supreme(Mad) 2043

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Pazhanivel - Appellant
Versus
The Principal Secretary to Government, Personnel & Administrative Reforms Department, Chennai & Others - Respondent
WP No. 21645 of 2014 & 2220, 7981, 14327 to 14329, 23142 & 23143, 34333 and 34334 & 37865 of 2015 & MP Nos. 1 of 2014, 1 & 1 of 2015
Decided On : 14-06-2022

Advocates appeared:
For the Petitioner:G. Sankaran, Advocate. For the Respondents: S. Anitha, Special Government Pleader.

The court's decision emphasized the importance of implementing government orders and considering claims based on representations in a timely manner.

Headnote:

Mandamus - Pay Parity - Government Orders - Implementation

Fact of the Case:

The petitioners sought direction to sanction post and pay parity with their juniors in the Finance Unit or within One Unit and to promote them to the post of Deputy Secretary to Government based on previous orders.

Finding of the Court:

The court directed the respondents to consider the petitioners' claim based on their representations and pass orders expeditiously within twelve weeks.

Issues: Pay parity between seniors and juniors, implementation of Government Orders, verification of service records.

Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioners' claim and make decisions in accordance with law and expeditiously.

Final Decision: All the writ petitions were disposed of with directions to the respondents, and no costs were awarded.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to sanction the post and pay parity to the petitioner on par with his juniors working in Finance Unit or within One Unit and thereby to promote the petitioner to the post of Deputy Secretary to Government on par with juniors working in Finance Unit or One Unit based on the orders passed in W.P.No. 25556 of 2013 dated 08.04.2014 with all consequential and other attendant benefits.)

Common Order

1. The relief sought for in these writ petitions is to direct the respondents to sanction the post and pay parity to the petitioners on par with their juniors working in the Finance Unit or within One Unit and thereby to promote the petitioners to the post of Deputy Secretary to Government on par with juniors working in Finance Unit or One Unit based on the orders passed in WP No.25556 of 2013 dated 08.04.2014.

2. The petitioners were appointed as Assistants in Tamil Nadu Secretariat Service through Tamil Nadu Public Service Commission (TNPSC). The petitioners were promoted to the post of Assistant Section Officers and further to the post of Section Officers. The petitioners were promoted as Under Secretaries and posted in the Department of Environment and Forest.

3. The grievances of the petitioners are that there is a pay parity in between the juniors and seniors and in this regard, several representations were submitted by the aggrieved employees. In order to rectify the anomaly between the seniors in One Unit and the juniors in Finance Unit, up-gradations/stepping up of pay of seniors on par with their juniors were granted by the Government in G.O.Ms.No.31, Personnel and Administrative Reforms Department, dated 01.03.2017. The grievances of the writ petitioners are that in spite of the Government Order passed in this regard, no further action has been taken to grant the actual benefits.

4. The learned counsel for the petitioners mainly contended that para-11 of the said Government Order in G.O.Ms.No.31, is to be implemented with reference to the grievances of the petitioners. The list of eligible seniors for stepping up of pay on par with their juniors were also issued by the Government in letter dated 04.11.2020. Thus, the Government Order and the consequential letter dated 04.11.2020 are to be implemented for the purpose of stepping up of pay of the writ petitioners on par with their juniors within one Unit.

5. The learned Special Government Pleader appearing on behalf of the respondents made a submission that the applicability or otherwise of the Government Orders are to be verified with reference to the service records of the petitioners concerned.

6. Considering the facts and circumstances, the respondents are directed to consider the claim of the writ petitioners based on their representations and accordingly take decision and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, all the writ petitions stand disposed of. However, there shall be no order as to costs. Consequently connected miscellaneous petitions are closed.

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