Case Note & Summary
The petitioner, an Over Head Tank Operator in Varivayal Village under the Panchayat President, Poyyalur Panchayat, sought a writ of mandamus directing the respondents to pay arrears of salary considering her representation dated 19.07.2024. The petitioner had joined in 2002 on a consolidated salary. The Government of Tamil Nadu revised pay scales for employees vide G.O.Ms.No.234, Finance Department dated 01.06.2009, with arrears from 01.01.2006. The District Collector, Sivagangai, directed the Block Development Officer, Kallal Panchayat Union, to fix pay scales and pay arrears to Over Head Tank Operators and Sweepers in the Panchayat Unions vide proceedings dated 15.06.2010. Subsequently, the Block Development Officer directed the Panchayat President to fix the pay scale and pay arrears to the petitioner vide proceedings dated 25.01.2011. Although the pay scale was fixed, the arrears were not paid. The petitioner submitted a representation on 19.07.2024 for payment of arrears and correction of date of birth in the service register, but received no response. Aggrieved by the inaction, the petitioner approached the Madurai Bench of the Madras High Court under Article 226 of the Constitution of India. After hearing all parties and perusing the materials, the Court directed the respondents to consider the petitioner's representation dated 19.07.2024 and pay the arrears of amount within a time frame to be fixed by the Court. The decision reaffirmed the enforceability of government orders through writ jurisdiction when a legal duty exists.
Issue of Consideration
Whether the respondents have a legal duty to pay arrears of salary as per the pay revision orders and the proceedings of the District Collector and Block Development Officer, and whether a writ of mandamus should be issued.
Law Points
- Writ of mandamus under Article 226 can be issued to enforce a legal duty arising from government orders regarding pay revision and arrears.
Case Details
2025 LawText (MAD) (02) 253
S. Sukumar, N. Satheesh Kumar, C. Satheesh, T. Amjad Khan
1. The District Collector, Sivagangai District; 2. The Block Development Officer (Village Panchayat), Kallal Panchayat Union; 3. The Panchayat President, Poyyalur Panchayat, Kallal
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Nature of Litigation
Writ petition under Article 226 of the Constitution
Remedy Sought
Petitioner filed writ of mandamus directing respondents to pay arrears of amount considering her representation dated 19.07.2024.
Filing Reason
Petitioner, an Over Head Tank Operator, had not been paid arrears of salary as per the pay revision despite directions from the District Collector and Block Development Officer.
Previous Decisions
There were prior proceedings: G.O.Ms.No.234, Finance Department dated 01.06.2009 revising pay and directing arrears; District Collector's proceedings dated 15.06.2010 directing Block Development Officer to fix pay and pay arrears; Block Development Officer's proceedings dated 25.01.2011 directing Panchayat President to fix pay scale and pay arrears; but arrears not paid.
Issues
Whether the respondents have a legal duty to pay the arrears as per the pay revision orders and the directions of the higher authorities.
Judgment Excerpts
Heard the learned Counsel for the petitioner, learned Additional Government Pleader for the first respondent, learned Government Advocate for the respondents 2 & 3 and carefully perused the materials available on record.
The petitioner joined as Over Head Tank Operator in Varivayal Village under the third respondent vide Resolution No.18 dated 07.06.2002 of the third respondent.
Procedural History
The petitioner joined as Over Head Tank Operator in 2002. In 2009, the Government of Tamil Nadu issued G.O.Ms.No.234 revising pay scales and directing arrears from 01.01.2006. In 2010, the District Collector directed the Block Development Officer to fix pay scale and pay arrears. In 2011, the Block Development Officer directed the Panchayat President to fix pay scale and pay arrears to the petitioner. The petitioner submitted a representation on 19.07.2024 for payment of arrears and correction of date of birth, but received no response. Then filed the present writ petition.
Acts & Sections
- Constitution of India: Article 226
