THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. Nos.27647 & 27648 of 2013 and M.P.Nos. 1, 1, 2 & 2 of 2013 M. Thiruneelakantan .. Petitioner in W.P. No.27647/2013 K. Shivalakshmi .. Petitioner in W.P. No.27648/2013 Vs.
1. The Secretary to Government Personnel and Administrative Reforms Department Fort St. George Chennai – 600 009.
2. The Secretary to Government Finance Department Fort St. George Chennai – 600 009. .. Respondents in both WPs PRAYER IN Both Writ Petitions: These Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders issued by the 1st respondent in G.O.Ms. No. 112 P & A.R Department dated 13.07.2012 and quash the same and consequently direct the respondents to consider the case of the petitioner for stepping up his pay on par with his junior in the Finance Department in the light of the orders issued in G.O.Ms.No. 127 P & A.R Department dated 29.05.1998 and in G.O. Ms. No. 154 P & A.R Department dated 30.10.2009 within a reasonable period as may be fixed by this Court and pass further orders.
For Petitioner : Mr.T. Ranganathan For Respondents : Mr. S. Diwakar, Spl.GP C O M M O N O R D E R These Writ Petitions have been filed seeking to quash the order issued by the 1st respondent in G.O.Ms. No. 112 P & A.R Department dated 13.07.2012 and consequently direct the respondents to consider the case of the petitioners for stepping up their pay on par with their juniors, in the Finance Department, in the light of the orders issued in G.O.Ms.No. 127 P & A.R Department dated 29.05.1998 and G.O. Ms. No. 154 P & A.R Department dated 30.10.2009, within a reasonable period.
2. Today, when the matters were taken up for disposal, learned counsel for the petitioners brought to the attention of this Court, the decision rendered by this Court in W.P. No. 25556 of 2013 dated 08.04.2014. When the said order was taken on appeal by the respondent Department, in Writ Appeal No. 971 of 2014, the Division Bench of this Court, dismissed the same, on 18.03.2016. The Special Leave Petition preferred by the Government, in C.C. No.12920 of 2016 was also dismissed by the Hon'ble Supreme Court on 29.07.2016. Therefore, the order passed by the learned Single Judge of this Court, allowing the Writ Petition is confirmed. Since, the issue involved in the present writ petitions, is also squarely covered by the aforesaid decision, learned counsel for the petitioners prayed to allow the petitions.
3. Learned Special Government Pleader submitted that the petitioners in the present writ petition are also similarly placed as of the petitioners in the aforesaid writ petition.
4. Paragraph 22, of the order passed by this Court in W.P. No. 25556 of 2013 dated 08.04.2014, reads as follows :-
“ 22. In view of the above, G.O. Ms. No. 112 dated 13.07.2012, is quashed insofar as the direction issued for upgradation/ stepping up of pay on par with juniors in one unit in paragraph No.6 and consequently the respondents are directed to give similar benefit to the petitioner as granted to the promotees from the post of Assistant in G.O. Ms. No.
154 dated 30.10.2009, by making necessary amendment in G.O. Ms. No.112 dated 13.07.2012. So far as the prayer relating to quashment of paragraph No.14 is concerned, the same is rejected.”
5. In view of the above, the Writ Petitions are partly allowed.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
27.02.2017
Index: Yes/ No avr To
1. The Secretary to Government Personnel and Administrative Reforms Department Fort St. George Chennai – 600 009.
2. The Secretary to Government Finance Department Fort St. George Chennai – 600 009.
D. KRISHNAKUMAR J.
avr W.P. Nos.27647 & 27648 of 2013 and M.P.Nos. 1, 1, 2 & 2 of 2013 27.02.2017 http://www.judis.nic.in