Mr. V. Jayaprakash Narayanan, learned Special Government Pleader, accepts notice for the respondents. With consent, the writ petition is taken up for final disposal at the admission stage itself.
2 This writ petition has been filed seeking a writ of mandamus directing the first respondent to pass orders on the petitioner's appeal petition dated 15.05.2016 and to sanction arrears of salary for the period from 23.10.1992 to 31.01.2004 based on revision of scale of pay on par with his junior Thiru. R. Jayapal as granted in favour of Thiru.K.Arumugam as per the proceedings of the Assistant Director of Town Panchayat, Erode Region in Na.Ka.No.10667/2013/Pa.2 dated 12.04.2013, followed by G.O. (D) No.528, MAWS (TP-1) Department dated 18.10.2013 within a time frame.
3 The petitioner, having been appointed as Junior Assistant in the Town Panchayat service in the year 1970, after three stages of promotion, viz., Executive Officer, Grade-II in 1975, Executive Officer, Grade-I in 1987 and Selection Grade Executive Officer in 1995, was allowed to retire from service, since he reached the age of superannuation with effect from 31.01.2004. Finally, the Assistant Director of Town Panchayat, Erode, had issued an order dated 28.01.2016 for revision of scale of pay in the post of Assistant Director of Town Panchayat on the date of his retirement notionally, on par with his junior one R. Jayapal following the State-wide seniority. Accordingly, the petitioner was also given the benefit of revised pensionary benefits from the date of his retirement. However, feeling aggrieved that he was not given the benefit of arrears of salary on par with his junior, R. Jayapal, the petitioner has preferred an appeal to the first respondent on 15.05.2016 stating that he is denied of monetary benefits, based on his revised seniority and also referring to the benefit given to the other similarly placed person, viz., Arumugam, vide proceedings dated 12.04.2013 in Na.Ka.No.10667/2013/Pa.2. Finding no response to the said appeal petition, the petitioner has preferred the writ petition seeking the aforestated relief.
4 Since the petitioner's appeal petition has been pending since May 2016, eight weeks time is granted to the first respondent to consider and pass orders on the petitioner's appeal petition dated 15.05.2016 on its own merits and in accordance with law.
With the above direction, this writ petition stands disposed of. Costs made easy.
07.03.2017 cad T. RAJA, J.
cad To 1 The Secretary to Government Municipal Administration and Water Supply Department (MAWS) Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009 2 The Director of Town Panchayats Kuralagam, Chennai 600 108 W.P. No.5656 of 2017 07.03.2017