Madras High Court
A.Mustafa vs The Government Of Tamil Nadu on 16 November, 2021
W.P(MD)Nos.3313 to 3315 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2021
CORAM:
THE HONOURABLE DR JUSTICE ANITA SUMANTH
W.P.(MD) Nos.3313 to 3315 of 2018
In W.P(MD)No.3313 of 2018:
A.Mustafa ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Fiannce (Pay Cell) Department,
Fort St. George,
Chennai – 600 009.
2. The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort. St. George,
Chennai – 600 009.
3.The Commissioner of Rural Development,
And Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai 600 01
4. The District Collector (PD Section),
Sivagangai District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of writ of mandamus directing the respondents to revise the scales of
pay of the petitioner as per G.O.Ms.No.71 (Finance) Pay Cell dated 26.02.2011,
in accordance with directions given in Para 51(vi) of the judgment rendered by
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.3313 to 3315 of 2018
Division Bench of this Court in W.A.No.504/2013 dated 27.02.2014 with all
consequential benefits such as revised pension, arrears of pension and salary as
the case may be within time frame by this Court.
In W.P(MD)No.3314 of 2018:
S.Ramamoorthy ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Fiannce (Pay Cell) Department,
Fort St. George,
Chennai – 600 009.
2. The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort. St. George,
Chennai – 600 009.
3.The Commissioner of Rural Development,
And Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai 600 01
4. The District Collector (PD Section),
Sivagangai District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of writ of mandamus directing the respondents to revise the scales of
pay of the petitioner as per G.O.Ms.No.71 (Finance) Pay Cell dated 26.02.2011,
in accordance with directions given in Para 51(vi) of the judgment rendered by
Division Bench of this Court in W.A.No.504/2013 dated 27.02.2014 with all
consequential benefits such as revised pension, arrears of pension and salary in
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.3313 to 3315 of 2018
the light of the petitioner's representation dated 06.12.2017 as the case may be
within time frame by this Court.
In W.P(MD)No.3315 of 2018:
M.Durairaj ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Fiannce (Pay Cell) Department,
Fort St. George,
Chennai – 600 009.
2. The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort. St. George,
Chennai – 600 009.
3.The Commissioner of Rural Development,
And Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai 600 01
4. The District Collector (PD Section),
Sivagangai District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of writ of mandamus directing the respondents to revise the scales of
pay of the petitioner as per G.O.Ms.No.71 (Finance) Pay Cell dated 26.02.2011,
in accordance with directions given in Para 51(vi) of the judgment rendered by
Division Bench of this Court in W.A.No.504/2013 dated 27.02.2014 with all
consequential benefits such as revised pension, arrears of pension and salary in
the light of the petitioner's representation dated 06.12.2017 as the case may be
within time frame by this Court.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.3313 to 3315 of 2018
For Petitioner : Mr.A.P.Muthupandian
For Respondents : Mr.A.K.Manickam
Special Government Pleader
COMMON ORDER
The petitioners are Block Development Officers in the Rural
Development Department in Pudukkottai District. They seek a mandamus
directing the State/R1 and R2, the Commissioner of Rural Development/R3 and
the District Collector (PD Section), Sivagangai District/R4 to revise their pay
scale in line with G.O.Ms.No.71 (Finance) Pay Cell dated 26.02.2011. In this
context, they also refer to the directions issued in W.A.No.504 of 2013 dated
27.02.2014.
2.A common counter has been filed by all the respondents and the
District Collector/R4 has filed a separate counter as well. Learned Special
Government Pleader appearing for the respondents, would submit that
G.O.Ms.No.417 Finance (Pay Cell) Department dated 12.11.2020 would have a
bearing upon the decision to be taken upon the claim of the petitioners.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.3313 to 3315 of 2018
3. Without expressing any view on the merits of the claim made by the
petitioner, and seeing as the petitioners have filed representations dated
27.10.2017 and 06.12.2017 before the respondents putting forth the identical
claim made by them in the present writ petitions the following direction would
suffice.
4. A direction is issued to the District Collector (PD Section), Sivagangai
District/R4 to dispose the aforesaid representations in consultation with the
Commissioner of Rural Development and Panchayat Raj Department/R3, after
hearing the petitioners in accordance with applicable Government Orders and
in accordance with law. I direct accordingly. The aforsaid exercise shall be
completed within a period of eight(8) weeks from today.
5. These Writ Petitions are disposed with the above direction. No costs.
16.11.2021
Index : Yes/ No
Internet: Yes/No
CM
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.3313 to 3315 of 2018
To,
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Fiannce (Pay Cell) Department,
Fort St. George,
Chennai – 600 009.
2. The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort. St. George,
Chennai – 600 009.
3.The Commissioner of Rural Development,
And Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai 600 01
4. The District Collector (PD Section),
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.3313 to 3315 of 2018
DR. ANITA SUMANTH , J.
CM
W.P.(MD) Nos.3313 to 3315 of 2018
16.11.2021
https://www.mhc.tn.gov.in/judis
