Writ petition dismissed. The court upheld the impugned order refusing to refix the petitioner's pay scale, finding no infirmity in rejecting a belated claim for Special Grade benefits made after retirement.
None. The writ petition stands 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.
W.P.No.3921 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.3921 of 2020
S.K.Shakila
..Petitioner
-Vs-
Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the reocrds of the 2nd respondent in connection with the impugned order passed by him in Na.Ka.No.28621/NI4(4)/2018 dated 09.08.2019 and quash the same and direct the respondents to refix the Selection Grade scale of Pay of the petitioner, w.e.f. 1.1.2006 in the scale of pay of Rs.9300-34800+GP 4200 till the date of his retirement and grant her all consequential service and monetary benefits.
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W.P.No.3921 of 2020
For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents : Mr.V.Manoharan Additional Government Pleader.
ORDER
This Writ Petition has been filed challenging the order
passed by the second respondent dated 09.08.2019, thereby refused to refix the Selection Grade scale of pay of the petitioner with effect from 01.01.2006.
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W.P.No.3921 of 2020
completion of ten years of her service. Accordingly, the petitioner was paid salary.
recommendations, the petitioner submitted a representation stating that she is entitled to get salary as per G.O.No.664, Finance (PC) Department, dated 01.08.1992 from her initial service with addition of 5% Special pay. Further, as per G.O.Ms.No.497, Finance dated 15.09.1998 and G.O.No.162, Finance (PC) Department dated 13.04.1998, the petitioner is entitled to 5% Special pay and a sum of Rs.160/- as Special Pay from 01.01.1996 has to be included in her salary. She is also claiming revised salary as per the subsequent Government order.
W.P.No.3921 of 2020
pay.
was rightly rejected and this Court finds no infirmity or illegality in the order passed by the second respondent dated 09.08.2019. Thus, the writ petition lacks merits and it is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.
03.09.2024
Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp
To
G.K.ILANTHIRAIYAN. J,
Lpp
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W.P.No.3921 of 2020
W.P.No.3921 of 2020
03.09.2024
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2 issues framed by the court
Whether the High Court should quash the order refusing to refix the petitioner's Selection Grade scale of pay.
Whether the writ petition lacks merits given the petitioner retired before claiming benefits under subsequent Government orders.
1 provisions across 1 enactments
S.K.Shakila
The Secretary to Government Social Welfare
The District Integrated Child Development Officer Salem District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
