1
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.17195 of 2021
ORDER:
This writ petition is filed seeking the following relief: "......to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in paying 100 percentage gross salary (Basic pay plus DA plus HRA) to the petitioners as per their appointment orders and consequential Memo No. 7624/F1/2016-1 dated 13/10/2016 as illegal, unjust, arbitrary, discriminatory and against the principles of natural justice and violative of Articles 14, 15, 16 and 21 of Constitution of India and consequently to direct the Respondents to pay 100 percentage gross salary (Basic Pay plus DA plus HRA) to the petitioners as stated in the appointment orders along with arrears from the date when the petitioners were stopped paying basis Pay plus DA plus HRA along with interest 18% per annum along with arrears from the date of their eligibility and entitlement .....". Heard Smt.M.Shalini, learned counsel appearing for the petitioners and the learned Government Pleader for Services-II appearing for the respondents.
It has been contended by the petitioners that they were appointed as Multi Purpose Health Assistants during August, 2003 and ever since then, they have been discharging their duties to the best satisfaction of their superiors and every one concerned.
The grievance of the petitioners is that the respondents are not paying 100% gross salary to them. Challenging the same, the present writ petition is filed.
Learned counsel appearing for the petitioners had contended that similar issue fell for consideration before this Court in 2 W.P.No.17163 of 2019 and this Court was pleased to allow the said writ petition vide order dated 09.12.2019 and the said order was also confirmed by the Division Bench in W.A.Nos.169 and 528 of 2020 vide order dated 14.09.2021. The petitioners are also also similarly situated persons and they are entitled for 100% gross salary, as the petitioners were appointed way back in 2003. Therefore, appropriate orders be passed in the writ petition directing the respondents to pay 100% gross salary by duly taking into account the judgment rendered by this Court in W.P.No.17163 of 2019 dated 09.12.2019, which was also confirmed by the Division Bench in W.A.Nos.169 and 528 of 2020 dated 14.09.2021.
Learned Government Pleader appearing for the respondents had contended that since the petitioners are not appointed against the sanctioned posts, they are not entitled for 100% gross salary. However, if the petitioners submit fresh representation to the respondents, the respondents would examine the case of the petitioners and pass appropriate orders in accordance with law.
This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the petitioners to submit a fresh representation to the respondents within two weeks from the date of receipt of a copy of this order seeking 100% gross salary. Upon such a representation being received, the respondents shall consider the case of the petitioners by duly taking into account the judgment rendered by this Court in W.P.No.17163 of 2019 dated 09.12.2019 and pass appropriate orders in accordance with law, within a 3 reasonable period, preferably within a period of eight weeks thereafter.
With the above directions, the writ petition is disposed of. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
____________________________ ABHINAND KUMAR SHAVILI, J 09.11.2021 Prv