Case Note & Summary
The writ petition was filed by Valli, an Over Head Tank Operator in Varivayal Village under the third respondent Panchayat, seeking a writ of mandamus to direct the respondents to pay arrears of salary. The petitioner was appointed vide resolution dated 07.06.2002 and was paid on a consolidated basis. The Government of Tamil Nadu, through G.O.Ms.No.234, Finance Department dated 01.06.2009, revised pay scales and directed payment of arrears from 01.01.2006. Consequently, the first respondent, the District Collector, issued proceedings dated 15.06.2010 directing the second respondent, the Block Development Officer, to fix pay scales and pay arrears to Over Head Tank Operators and Sweepers. The second respondent, in turn, directed the third respondent, the Panchayat President, to do the same via proceedings dated 25.01.2011. Although the third respondent fixed the pay scale, the arrears were not paid. The petitioner submitted a representation dated 19.07.2024 to the respondents to pay the arrears, but no action was taken, leading to the filing of the writ petition. The learned Additional Government Pleader for the first respondent submitted that the second respondent should consider the representation. The learned Government Advocate for respondents 2 and 3 confirmed that the representation was pending with the second respondent. The court noted that despite clear instructions from the first respondent and subsequent proceedings, the arrears had not been paid for years. The court held that the inaction of respondents 2 and 3 in deciding the representation was unjustified, unreasonable, and a failure of duty. Allowing the petition, the court directed respondents 2 and 3 to pay the arrears as per the first respondent's proceedings dated 15.06.2010, and imposed costs of Rs.5000 each on them for the inconvenience caused. Compliance was ordered within two weeks.
Headnote
A) Constitutional Law - Writ of Mandamus - Enforcement of Arrears - Constitution of India, 1950, Article 226 - The petitioner, appointed as Over Head Tank Operator, was entitled to arrears per government order and proceedings. Despite directions, respondents failed to pay and did not consider her representation. Held, the inaction was unjustified and unreasonable; directed payment of arrears and imposed costs for delay (Paras 4-5).
Issue of Consideration
Whether the respondents were obligated to pay arrears to the petitioner and whether their failure to consider the representation was justified
Final Decision
Writ Petition allowed. Respondents 2 and 3 directed to pay arrears as per proceedings dated 15.06.2010, with costs of Rs.5000 each, compliance within two weeks.
Law Points
- Legal points not extracted
- duty to consider representation
- payment of arrears based on government order
- writ of mandamus
- unjustified delay
