The petitioner, working as an Electrical Supervisor but paid as a Lift Operator, sought a mandate to revive the abolished post and receive equal pay. The Court rejected the request as the post did not exist under service regulations. The writ petition was dismissed.
The writ petition for issuance of Writ of Mandamus was dismissed with no costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2019
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.8681 of 2014
B.Krishnamurthy ... Petitioner Vs. 1. The Tamil Nadu Khadi and Village Industries Board, Rep. by Chief Executive Officer, Kuralagam, Chennai - 108. 2. The Principal Secretary to Government, Handlooms Handicrats Textiles & Khadi Dept., Chennai - 600 009. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to get the post of Electrical Supervisor revived from the second respondent and directing the first respondent to pay, pay and allowances to the petitioner in the cadre of Electrical Supervisor from 5.1.2007 and to pay all arrears. For Petitioner : Mr.P.Subramani For Respondent No.1 : Mr.S.K.Bose For Respondent No.2 : Mr.B.Anand, G.A. O R D E R
According to the petitioner, vide proceedings No.60 of the Khadi Board, dated 8.7.1999, the petitioner was permanently absorbed as Lift Operator in Khadi Board with effect from 1.7.1999 forenoon. According to the petitioner, the next avenue for promotion to the post of Lift Operator is Electrician, Head Wireman. The Electrical Supervisor post was abolished by the
Government in G.O.Ms.No.36, dated 8.3.2000 without any proper reason. According to the petitioner, the petitioner's right of promotion to the said post stalled because of the abolition of the said post and the aforesaid post is required to run the electrical system smoothly. The petitioner made request to the respondent for promotion to the post of Supervisor (Maintenance) on 25.6.2003. However, the same was rejected by the respondent on 16.2.2004, by informing that there is no provision in the Board Service Regulation for promotion to Supervisor (Maintenance). According to the petitioner, petitioner is now working as Electrical Supervisor (Incharge), but he was paid salary in the Lift Operator scale of pay with effect from 1.5.2007. According to the petitioner, no equal pay for equal work for the service rendered by the petitioner. Petitioner made a request, but the same was not considered. Hence, the petitioner has filed the present writ petition before this Court.
to make any fresh representation seeking scale of pay on par with the Supervisor (Electrical) if it is otherwise eligible.
In fine, the writ petition stands dismissed. No costs.
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
vaan
To
1. The Chief Executive Officer,
The Tamil Nadu Khadi and Village Industries Board,
Kuralagam, Chennai - 108.
2. The Principal Secretary to Government,
Handlooms Handicrats Textiles & Khadi Dept.,
Chennai - 600 009.
+1cc to Mr.P.Subramani, Advocate, S.R.No.32550
+1cc to Mr.S.K.Bose, Advocate, S.R.No.32618
+1cc to the Government Pleader, S.R.No.33458
W.P.No.8681 of 2014
CA(CO)
CS/23/05/2019
3 issues framed by the court
Whether the petitioner, working in the post of Electrical Supervisor, is entitled to promotion and pay in that cadre when the post is abolished and he cannot be promoted directly due to service regula
Whether the dismissal of the writ petition for issuance of a Writ of Mandamus directing revival of the post and payment of arrears is justified given the abolition of the post.
Whether the Board Service Regulations preclude promotion to a post that is not in existence.
1 provisions across 1 enactments
B. Krishnamurthy
The Tamil Nadu Khadi and Village Industries Board
D. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
