The High Court held that the petitioner lost the right to seek a directive as the Authority's tenure had expired. Consequently, the prayer requesting specific remuneration procedure became infructuous and the petition was dismissed.
Writ petition 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: 12.06.2019 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.9374 of 2010
and M.P.No.1 of 2010
K.R.Ramasamy @ Traffic Ramaswamy ... Petitioner
Vs. 1.Union of India, Rep. by its Secretary, Ministry of Environment and Forests, New Delhi. 2.State of Tamil Nadu, Rep. by its Secretary, Department of Environment and Forests, Fort St. George, Chennai - 600 009.
3.The Chairman, Tamil Nadu Pollution Control Board, No.71, Mount Road, Guindy, Chennai - 600 032.
4.The Chairman, State Level Impact Assessment Authority, O/o. Tamil Nadu Pollution Control Board, No.71, Mount Road, Guindy, Chennai - 600 032. 5.The Chairman, State Level Expert Appraisal Committee, O/o. Tamil Nadu Pollution Control Board, No.71, Mount Road, Guindy, Chennai - 600 032. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.(D).No.57, dated 10.02.2009 issued by the second respondent and quashing the same as arbitrary and illegal and consequently, to direct the respondents to follow the procedure adopted by other states in fixing remuneration for the Chairman and Members of State Level Impact Assessment Authority and the Chairman of State Level Expert Appraisal Committee.
For petitioner .. Mr.P.T.Perumal
For R1 .. Mr.V.Ashokkumar Central Government Standing Counsel For R2 .. Mr.E.Manoharan Additional Government Pleader
For R3 to R5 .. Mr.R.Ramanlal
ORDER
(Order of the Court was made by S.MANIKUMAR,J)
Instant writ petition has been filed for a Certiorarified Mandamus, calling for the records pertaining to G.O.(D).No.57, Environment and Forests (EC.3) Department, dated 10.02.2009, issued by the Secretary, Department of Environment and Forests, Chennai/the second respondent herein and to quash the same, as arbitrary and illegal and consequently, to direct the respondents to follow the procedure adopted by other states, in fixing remuneration for the Chairman and Members of State Level Impact Assessment Authority and the Chairman of State Level Expert Appraisal Committee.
GOVERNMENT OF TAMIL NADU
Abstract
State Level Environment Impact Assessment Authority - Remuneration payable to Chairman and Member of the State Level Environment Impact Assessment Authority / State Level Appraisal Committee - Orders issued.
------------------------------------------------------------------------Environment and Forests (EC.3) Department G.O.(D).No.57 Date: 10.02.2009
Read:
From the Chairman, State Level Environment Impact Assessment Authority D.O.Lr.No.CMN/SEIAA/001/08 Dated : 30.5.2008 and 4.6.2008.
ORDER:-
Under Sub-section (3) of Section of the Environment (Protection) Act, 1986 the Government of India in their notification dated:3.3.2008 has notified a three member State Environment Impact Assessment Authority (SEIAA) with Thiru.C.Thangaraju, I.A.S., (Retd) as Chairman, and a 14 member State Level Expert Appraisal Committee (SEAC) with Dr.M.Mariappan, ex-ViceChancellor, Bharathidasan University, Tiruchirapalli as Chairman.
(a) the remuneration to the Chairman and the Member of the State Environment Impact Assessment Authority and to the Chairman of State Expert Appraisal Committee as below:1) Thiru C.Thangaraju, I.A.S.(Retired) -- Rs.40,000/Chairman, State Level Environment Per month Impact Assessment Authority -- 2)Thiru.G.Rangasamy, Rs.9,550/Member, State Level Environment per month Impact Assessment Authority
(Thiru.G.Rangasamy will draw the said amount on adhoc basis and is entitled to draw enhanced amount as and when the recommendations of the 6th pay commission is implemented in Tamil Nadu Pollution Control Board). -- 3)Dr.M.Mariappan, Rs.9,044/Chairman, State Level per month Expert Appraisal Committee This remuneration of Rs.9,044/- will get enhanced as and when the scale of pay of his post in the parent organization is enhanced based on the 6th Pay Commission's recommendations).
4)Perquisites and other facilities to the above officials shall be fixed as indicated in the Annexure.
(BY ORDER OF THE GOVERNOR)
DEBENDRANATH SARANGI PRINCIPAL SECRETARY TO GOVERNMENT (I/C)"
6. By efflux of time, prayer sought for, has become infructuous, and therefore, instant writ petition is dismissed. No Costs. Consequently, the connected writ miscellaneous petition is closed.
Sd/-
Assistant Registrar(imp cell)
//True Copy//
Sub Assistant Registrar
dm
To,
1 .The Secretary,
Union of India,
Ministry of Environment and Forests,
New Delhi.
2.State of Tamil Nadu,
Rep. by its Secretary,
Department of Environment and Forests,
Fort St. George, Chennai - 600 009.
3.The Chairman,
Tamil Nadu Pollution Control Board,
No.71, Mount Road,
Guindy, Chennai - 600 032.
4.The Chairman, State Level Impact Assessment Authority, O/o. Tamil Nadu Pollution Control Board, No.71, Mount Road, Guindy, Chennai - 600 032. 5.The Chairman, State Level Expert Appraisal Committee, O/o. Tamil Nadu Pollution Control Board, No.71, Mount Road, Guindy, Chennai - 600 032.
+1cc to Mr.P.T.Perumal , Advocate SR.No. 47419 +1 cc to Government Pleader Sr.No. 48556
W.P.No.9374 of 2010
and
M.P.No.1 of 2010
A.SK(04/07/2019)
2 issues framed by the court
Whether the petitioner has a subsisting right to seek or direct the respondents to follow the procedure adopted by other states in fixing remuneration for the Authority chairs, given that the statutor
Whether the instant writ petition challenging the validity of the Government Order should be entertained now.
2 provisions across 2 enactments
K.R.Ramasamy @ Traffic Ramaswamy
Union of India
State of Tamil Nadu
The Chairman, Tamil Nadu Pollution Control Board
The Chairman, State Level Impact Assessment Authority
The Chairman, State Level Expert Appraisal Committee
S.MANIKUMAR
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
