Allowed

Padmanaban .S. v. Government of Tamil Nadu

Madras HC8 Jul 2022WP/13430/2015

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking the payment of notified market rates for the post of Electrical Assistant and alerted arrears. The petitioner, employed on daily wages by a Panchayat, was directed to receive the revised wage rates calculated from the date of the previous instruction.

What did the court decide?

Respondents directed to calculate notified schedule of wages for previous years and settle the same in favour of the petitioner within four months.

Padmanaban .S. Vs Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2022)

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W.P.No.13430 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.07.2022

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.13430 of 2015 and

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W.M.P.No.1888 of 2022

Padmanaban.S

... Petitioner

Vs.

1.Government of Tamil Nadu, Rep. by its Secretary, Department of Rural Development, Fort St. George, Chennai – 600 009.

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2.District Collector, Kanchipuram.

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3.Pozhichalur Panchayat, Rep.by its Executive Authority, Pozhichalur, Chennai – 600 074.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the petitioner the notified market rates for the post of Electrical Assistant / Electrician along with arrears thereof.

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https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.G.Bala For M/s.Bala and Daisy For Respondents [R1 and R2] : Mr.L.S.M.Hasan Fizal, Additional Government Pleader. [R3] : No Appearance

O R D E R

Page 1 of 5

W.P.No.13430 of 2015

The relief sought for in the present writ petition is to direct the respondents to pay the petitioner the notified market rates for the post of Electrical Assistant / Electrician along with arrears.

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The petitioner states that he was appointed as an

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Electrician/Electrical Assistant on full time basis in the third respondent Panchayat by proceedings dated 25.08.2006. He was appointed on Daily Wages (NMR). Service Register was opened as per the proceedings of the District Collector. The petitioner was issued with an Identity Card by the Department of Rural Development.

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The grievances of the writ petitioner is that the market rates are notified by the District Collector from time to time regarding the wages to be paid to such daily wage employees. Though the minimum wages to be paid to these temporary employees are notified by the District Collector, the said payment had not been paid to the writ petitioner for several years.

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The learned counsel for the petitioner made a submission that in

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the current year, the revision was effected pursuant to the orders of the District Collector in proceedings dated 11.01.2022 by the President, Pozhichalur Panchayat / third respondent.

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https://www.mhc.tn.gov.in/judis

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When the third respondent issued revision of pay for the current

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Page 2 of 5

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W.P.No.13430 of 2015

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year in proceedings dated 11.01.2022, the benefit of revision in respect of previous years also must be granted. The respondents have extended the benefit of notified wages in favour of the writ petitioner and therefore, the petitioner is entitled for the relief.

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Accordingly, the respondents are directed to calculate the notified

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schedule of wages as per the proceedings of the District Collector during previous years and accordingly, settle the same in favour of the writ petitioner as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

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With these directions, the writ petition stands allowed. No costs.

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Consequently, connected miscellaneous petition is closed.

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08.07.2022

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kak Index : Yes Speaking order : Yes

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https://www.mhc.tn.gov.in/judis

Page 3 of 5

W.P.No.13430 of 2015

1.The Secretary, Government of Tamil Nadu, Department of Rural Development, Fort St. George, Chennai – 600 009.

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2.The District Collector, Kanchipuram.

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3.The Executive Authority, Pozhichalur Panchayat, Pozhichalur, Chennai – 600 074.

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https://www.mhc.tn.gov.in/judis

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Page 4 of 5

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W.P.No.13430 of 2015

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S.M.SUBRAMANIAM, J.

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kak

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W.P.No.13430 of 2015

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08.07.2022

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https://www.mhc.tn.gov.in/judis

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Page 5 of 5

Padmanaban .S. v. Government of Tamil Nadu

Case brief

What is this about?

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Padmanaban .S. v. Government of Tamil Nadu

Case brief

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