HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 38269 of 2022
ORDER:
This present writ petition is filed seeking to issue direction more particularly writ of mandamus to declare the action of the respondent in not granting 100% Gross Salary (Pay+DA+HRA) to the petitioners though similarly placed persons recruited pursuant to the very same notification were extended the 100% Gross Salary as illegal arbitrary discriminatory and violative of Articles 14, 15, 16 and 21 of the Constitution of India and consequently direct the Respondents to pay 100% Gross Salary (Pay+DA+HRA) to the petitioners as stated in the appointment orders along with arrears from the date when the petitioners were stopped paying basic Pay + DA + HRA along with interest @ 18% per annum from the date of their eligibility and entitlement.
2. Heard Smt. M.Shalini, learned counsel appearing for the petitioners and the learned Government Pleader for Services-II appearing for the respondents.
3. It has been contended by the petitioners that they were appointed as Multi Purpose Health Assistants (M) and Female in the year 2003 and ever since then, they have been discharging their duties to the best satisfaction of their superiors and every one 2 concerned. The grievance of the petitioners is that the respondents are not paying 100% gross salary to them. It has been further contended that similar issue fell for consideration before this Court in 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 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.
4. 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.
5. This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be 3 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 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 reasonable period, preferably, within a period of eight weeks thereafter.
6. With the above directions, the Writ Petition is disposed of. No costs.
Miscellaneous application, if any pending, shall stand closed.
______________________ N.V.SHRAVAN KUMAR, J 19.10.2022 Note: Office to append a copy of the order in W.P.No.17163 of 2019 with the present order.
B/o gkv Note: Issue copy in one week.
B/o gkv