The Madras High Court held that it could not fix the scale of pay itself. However, it directed the Secretary to Government to consider the petitioner's proposal and pass orders on merits within 12 weeks regarding salary fixation.
Direction to the first respondent to consider the proposal/submitted representation and pass orders on merits within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.8784 of 2014
and
M.P.(MD)No.2 of 2014
1.T.Kannadasan 2.K.Mayandi 3.S.Murugaiah ... Petitioners Vs
1.The Secretary to Government, Hindu Religious and Charitable Endowment Department, Secretariat, Chennai.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034. ... Respondents in all petitions 3.J.Muthamilselvan 4.P.Radhakrishnan 5.S.Ramesh Kumar ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, by calling for the records in Na.Ka.No.6930/2010/U1 dated 08.01.2013 on the file of the second respondent as the same is illegal and discriminatory and quash the same and consequently direct the first respondent to fix the salary of the petitioner as that of the respondents 3 to 5 within arrears.
For Petitioner : Mr.N.Sivakumar
For R1 and R2 : Mr. R. Sethuraman Special Government Pleader
https://hcservices.ecourts.gov.in/hcservices/ For R3 to R5 : No appearance
2
ORDER
The internal communication shared between the Commissioner, Hindu Religious and Charitable Endowments Department and the Joint Commissioner / Executive Officer, incorporated and un-incorporated temples, Suseendram, dated 08.01.2013, is under challenge in this writ petition.
''5.It is brought to the notice of this Court that earlier W.P (MD)No.2840 of 2011 was filed and this Court passed an order on 23.2.2012 stating that the Commissioner, Hindu Religious and Charitable Endowment Department had sent proposal to the Government for consideration. Subsequently, the respondents 1 and 2 filed Miscellaneous Application in the Writ Petition seeking extension of time to decide the matter and to pass orders. However, no final order has been passed by the first respondent in this regard.
6.The learned counsel for the Petitioner states that in spite of proposal sent by the Commissioner, Hindu Religious and Charitable Endowment Department, the first respondent/Government has not taken a decision in respect of fixation of salary to the Writ Petitioner. Thus, it is suffice if a direction is given to the first respondent https://hcservices.ecourts.gov.in/hcservices/ to consider the proposal submitted by the Petitioner on merits, take a decision and pass orders in accordance with law.
3
7.In this view of the matter, the first respondent is directed to consider the proposal/representation submitted by the Writ Petitioner, if any and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.
8.Accordingly, this Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.'
Sd/-
Assistant Registrar (CO)
(*)AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 27.03.2018
/True Copy/
Sub Assistant Registrar/-
To
1.The Secretary to Government of Tamil Nadu, Hindu Religious and Charitable Endowment Department, Secretariat,
Chennai.
2.The Commissioner,
Chennai-600 034.
+1cc to The Special Government Pleader, SR.No.57982
pnn
RL/4C/3P/SV/SAR1/2/5/2018
W.P.(MD) No.8784 of 2014
22.03.2018 (¼)
2 issues framed by the court
Whether the Secretary to Government must decide the petitioner's salary fixation proposal submitted to the Government.
Whether the writ petition challenging an internal communication is maintainable without fixation of scales.
1 provisions across 1 enactments
T.Kannadasan
K.Mayandi
S.Murugaiah
The Secretary to Government, Hindu Religious and Charitable Endowment Department
The Commissioner, Hindu Religious and Charitable Endowment Department
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
