Disposed

M.Elumalai v. The Government of TamilNadu

Madras HC8 Jul 2021WP/14035/2021

Case brief

AI extract

What is this about?

Single Judge directed the Tamil Nadu Motor Vehicles Maintenance Department to consider petitioners' representation for 5% Personal Pay, referencing previous Division Bench orders, and passed final orders within 12 weeks, disposing of the writ petition.

What did the court decide?

The 3rd respondent directed to consider the petitioners' representation dated 30.03.2021 and pass final orders within 12 weeks.

M.Elumalai Vs The Government of TamilNadu — Pension and Retirement Benefits | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 08.07.2021

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

¶5

W.P. No.14035 of 2021

¶6

M.Elumalai 2. S.Chinnappan 3. R. Nagamani 4. M.Venkataramanujam 5. S.A. Abhul Shukkoor 6. S.Sankaran 7. P.Manoharan 8. A.Subramanian 9. P.V. Venkatesan ... Petitioners Vs

¶7

The Government of TamilNadu, rep. by the Secretary to the Government, Transport Department, Fort St. George, Chennai - 600 009.

¶8

The Government of Tamil Nadu, rep. by the Secretary to the Government, Finance (Pay Cell) Department, Fort. St. George, Chennai - 600 009.

¶9

The Director, Tamil Nadu Motor Vehicles Maintenance Department, Ashok Nagar, Chennai - 600 083. ... Respondents

¶10

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to grant 5% Personal Pay to the petitioners with effect from 01.08.1992 in the light of the orders passed by the Division Bench of this Court in W.P. No.28505 of 2006, dated 26.06.2008 and also the order passed by this Court in W.P. No.22616 of 2011, dated 10.01.2020 and grant all consequential benefits to the petitioners including revision of pay and payment of arrears.

¶11

https://hcservices.ecourts.gov.in/hcservices/

¶12

For petitioner For respondents

¶13

... Mr.P.Manoj Kumar

¶14

... Mr.C.Kathiravan, Govt. Advocate

¶15

ORDER

¶16

By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

¶17

This writ petition has been filed seeking for a Mandamus to the respondents to grant 5% Personal Pay to the petitioners with effect from 01.08.1982 in the light of the orders passed by the Division Bench of this Court in W.P. No.28505 of 2006, dated 26.06.2008 and also the order passed by this Court in W.P. No.22616 of 2011, dated 10.01.2020 and also grant all consequential benefits due to the petitioner including revision of pay and payment of arrears.

¶18

The petitioners are all working in the Tamil Nadu Motor Vehicle Maintenance Department. According to them, they have been denied the Personal Pay of 5%. It is their case that the denial of 5% Personal Pay on the ground that the pre-revised scale of pay was not one amongst the scale of pay mentioned in G.O. Ms. No.664, Finance (PC) Department, dated 24.08.1992 is illegal as per the decision of the Division Bench of this Court in WP No.20156 and 13143 of 2000.

¶19

Heard Mr.P.Manojkumar, learned counsel for the petitioners and Mr.C. Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.

¶20

The learned counsel for the petitioners is satisfied if the representation of the petitioners dated 30.03.2021 is considered on merits and in accordance with law by the respondents.

¶21

No prejudice would be caused to the respondents, if the petitioners' representation, dated 30.03.2021 is considered on merits and in accordance with law.

¶22

For the foregoing reasons, this Court directs the 3^rd respondent to consider the petitioners' representation, dated 30.03.2021 requesting them to grant 5% Personal Pay to them in the light of the aforementioned decisions and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

¶23

https://hcservices.ecourts.gov.in/hcservices/

¶24

With the aforesaid direction, the writ petition stands disposed of. No costs.

¶25

Sd/-

¶26

Assistant Registrar(CS )

¶27

//True Copy//

¶28

Sub Assistant Registrar

¶29

vsi2

¶30

¶31

The Secretary, Government of TamilNadu Transport Department, Fort St. George, Chennai - 600 009.

¶32

The Secretary, Government of Tamil Nadu, Finance (Pay Cell) Department, Fort. St. George, Chennai - 600 009.

¶33

The Director,

¶34

Tamil Nadu Motor Vehicles Maintenance Department, Ashok Nagar, Chennai - 600 083.

¶35

+1cc to Mr.P.Rajendiran , Advocate SR.No.32565

¶36

+1 cc to Government Pleader Sr.No.32581

¶37

W.P. No.14035 of 2021

¶38

UM(CO) GN(04.08.2021)

¶39

https://hcservices.ecourts.gov.in/hcservices/

M.Elumalai v. The Government of TamilNadu

Case brief

What is this about?

What did the court decide?

M.Elumalai v. The Government of TamilNadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Vs S.Jayalakshmi

Veerasamy Padayatchi Vs Smt.Bhuvaneswari Ammal(Died)

Jamila Bibi Vs Jalal Sahib

S.Rajendran Vs The Principal Secretary

V.Bhaskar Vs The Secretary to Government

N.S.Ravishankar Vs The Management of Tamil Nadu