S.Devakumari Vs The State of Tamil Nadu

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1^st to 3^rd respondents to immediately take steps based on the proposal sent by the 4^th respondent vide its proceedings in Na.Ka.No.1309/A1/2011-2 dated 10.04.2015, Na.Ka.No.1309/A1/2011-4 dated 10.04.2015, Na.Ka.No.1309/A1/2011-3 dated 10.04.2015, Na.Ka.No.1309/A1/2011-6 dated 10.04.2015, Na.Ka.No.1309/A1/2011-5 dated 10.04.2015, Na.Ka.No.1309/A1/2011-7 dated 10.04.2015 to grant special time scale of pay of Rs.1,300-3,000 + Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010 with all consequential service and monetary

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W.P.No.16505 of 2021

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benefits to the petitioners.

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For Petitioner : Mr.M.Jaikumar For Respondents : Mr.Azizulla Khan, Government Advocate for R1 Mr.E.Sundaram, Government Advocate for RR2 to 8

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ORDER

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Writ petition is filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to immediately take steps on the proposal sent by the 4^th respondent vide his proceedings dated 10.04.2015, and to grant time scale of pay with effect from 15.09.2010, as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010, with all consequential and other benefits.

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The petitioners are working as temporary sanitary workers in Government

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primary health center, from the year 2001. Whileso, the Government issued G.O.Ms.No.385, Finance (Salary) Department, dated 01.10.2010, bringing the persons who were working on consolidated pay for more than three years under the special time scale of pay. Under the said G.O., the sanitary workers whether

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on consolidated pay or daily wages, who completed three years of service were eligible for special time scale of pay Rs.1,300-3000/-+Grade Pay of Rs.300/- with Page No.3 / 7

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W.P.No.16505 of 2021

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effect from 15.09.2010. As the petitioners were eligible for the benefit of the aforesaid G.O, the 4^th respondent vide his proceedings dated 10.04.2015, sent the proposal to the respondents to extend the benefit of special time scale of pay of Rs.1,300-3,000+ Grade Pay of Rs.300/- with effect from 15.09.2010. Pursuant to the said request of the 4^th respondent, the petitioner's sent representation to the respondents on 03.11.2020, to comply with the proposal of the 4^th respondent. Inspite of the petitioner's representation, no action was taken and therefore, the petitioners filed the above writ petition for the aforesaid relief.

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The learned counsel for the petitioner submitted that the prayer in the writ petition is only for a Mandamus to the respondents 1 to 3 to consider the proposal sent by the 4^th respondent, vide his proceedings dated 10.04.2015, for special time scale of pay with effect from 15.09.2010, as per G.O.Ms.No.385, dated 01.10.2010. The learned counsel submitted that the respondents may be directed to consider the proposal and pass appropriate orders within the time frame stipulated by this court.

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The learned Government Advocate submitted that the competent authority to consider the proposal of the 4^th respondent is the 2^nd respondent.

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W.P.No.16505 of 2021

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Considering the limited scope of the prayer in the writ petition, I am inclined to issue a direction to the 2^nd respondent to consider the proposal of the 4^th respondent, in his proceedings in Na.Ka.No.1309/A1/2011-2 dated 10.04.2015, Na.Ka.No.1309/A1/2011-4 dated 10.04.2015, Na.Ka.No.1309/A1/2011-3 dated 10.04.2015, Na.Ka.No.1309/A1/2011-6 dated 10.04.2015,

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Na.Ka.No.1309/A1/2011-5 dated 10.04.2015, Na.Ka.No.1309/A1/2011-7 dated 10.04.2015, for grant special time scale of pay of Rs.1,300-3,000 + Grade Pay of Rs.300/- with effect from 15.09.2010, as per G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010, with all consequential service and monetary benefits to the petitioners within a period of eight (8) weeks from the date of receipt of a copy of this order.

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Writ petition is accordingly disposed of. However, there shall be no order

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as to costs.

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29.04.2025

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Index:Yes/No Neutral Citation:Yes/No Speaking order:Yes/No dsn

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