Case Note & Summary
The petitioner, M.F.Thangaraja, a Special Grade Lab Assistant, approached the Madurai Bench of Madras High Court under Article 226 of the Constitution of India, 1950, seeking a writ of mandamus. The grievance was that the respondents – the Government of Tamil Nadu, the Commissioner of Technical Education, and the Principal of Government Polytechnic, Tuticorin District – had not considered his representation dated 20.01.2025. The representation prayed for refixation of his scale of pay in the post of Special Grade Lab Assistant as per G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013, and for revision of his retirement benefits. The petitioner’s counsel argued that the authorities had failed to act, while the Government Advocate appearing for the respondents did not contest the limited relief sought. The court, without going into the merits of the case, noted that the only prayer was for a direction to consider the representation. In the interest of justice, the court disposed of the writ petition with a direction to the respondents to consider and pass appropriate orders on the representation within four weeks from the date of receipt of a copy of the order, strictly in accordance with law. The court made no order as to costs, thereby not deciding the substantive rights of either party but ensuring timely administrative consideration of the petitioner’s claim.
Headnote
A) Service Law - Pay Revision - Consideration of Representation - G.O.Ms.No.314, Constitution of India, 1950, Article 226 - Petition filed under Article 226 seeking mandamus to direct respondents to refix scale of pay of petitioner in post of Special Grade Lab Assistant as per G.O.Ms.No.314 dated 22.07.2013 - Court without going into merits directed respondents to consider and pass orders on representation dated 20.01.2025 within four weeks - Held that direction to consider representation meets ends of justice (Paras 2-4).
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation dated 20.01.2025 for refixation of pay scale as per G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013.
Final Decision
Writ Petition disposed of with a direction to the respondents to consider and pass appropriate orders on the petitioner's representation dated 20.01.2025 within four weeks from the date of receipt of a copy of the order, in accordance with law. No order as to costs.
Law Points
- Writ of Mandamus for consideration of representation
- government orders for pay revision
- no merits decided
- Article 226 of the Constitution of India
- 1950
