WP/30227/2008 of A.SAMUEL RAJKUMAR Vs THE GOVERNMENT OF TAMILNADU on 23 December 2009

1. A.Samuel Rajkumar

2. K.Ram Mohan

3. P.Kamaraj

4. R.Venkatesan

5. D.Vasudevan

6. S.Palanisamy

7. K.Prakash

6. P.Senthur Pandy

9. R.Chitra

10. R.Sarasavani11. S.Malarvizhi

12. J.Joseph Sahaya Rani

13. R.Rajamanickam

14. S.Rajan

15. S.Vijaya Rajan16. G.Ramaraj

17. S.Rajendra Babu18. K.Ravichandran

19. D.Ragupathi

20. P.S.Livingston21. A.Shanmugam22. S.Sathiaraj

23. M.Saravanakumar

24. K.Senthi vinayagam25. K.Nalini26. R.Umaiyakunjaram27. S.Vasuki28. Bhaskar Varadharajan29. S.Poongodi30. A.Raja31. P.S.Pandian .. Petitioners

Vs

1. The Government of TamilNadu, rep. by its Secretary, Environment and Forest, Department, Secretariat, Chennai.9

2. Tamil nadu Pollution Control Board, rep. by its Member Secretary, 76,Mount Salai, Guindy, Chennai.32. .. Respondents Prayer: The writ petition filed under Article 226 of theConstitution of India praying for a writ of mandamus directing therespondents to sanction two advance increments to the petitionersfrom the date on which they acquired M.E.Degree in EnvironmentalEngineering (P.G.Degree in Civil Engineering) along withconsequential arrears of pay. Within a time frame For Petitioners : Mr. N.Subramaniyan For respondents : Mr. S.N.Kirubanandam, Spl.G.P.(F)Mr.Ramanlaal (R2) O R D E R

This Writ Petition is filed seeking a mandamus to therespondents to sanction two advance increments to the petitionersfrom the date on which they acquired M.E,.Degree in EnvironmentalEngineering along with consequential arrears of pay.

2. The petitioners numbering 1 to 31 are working asAssistant Engineers and Assistant Environmental Engineers in TamilNadu Pollution Control Board, the second respondent. They seek twoadvance increments on acquiring Post Graduate Degree, namely, MastersDegree in Engineering.

3. It appears that the claim of similarly placed personswere rejected by the Government based on the letter of clarificationdated 06.05.1985 in No.23270/85-1 Personnel and AdministrativeReforms (F.R.II) Department. The said letter was challenged bysimilarly placed persons in W.P.No.22399 of 2009 and the learnedsingle Judge of this Court by order dated 07.01.2009 held that thesaid letter of clarification cannot override G.O.Ms.No.1195, PublicWorks Department dated 11.07.1972. The relevant portion is inparagraph 5 of the order and it reads as follows:

"In view of the above position, I have tonecessarily conclude that the letter ofclarification relied on in the impugned ordercannot be allowed to either overtake or overrideG.O.Ms.No.1195. The Said G.O., does not prescribeany condition that the Government Servant who has

https://hcservices.ecourts.gov.in/hcservices/

acquired higher qualification at the cost of thedepartment is not entitled for such advanceincrement. Therefore, strictly going by the G.O.,the petitioner is entitled for the advanceincrement provided he satisfies the otherrequirements. The condition added to the G.O. bymeans of clarification cannot be legallysustained. (Emphasis supplied)

4. The petitioners have made representation for similarrelief, but the same has not been granted and therefore, they haveapproached this Court for a mandamus to grant the benefit in terms ofG.O.ms.No.1195, Public Works Department dated 11.07.1972.

5. Mr.Ramanlal, learned counsel appearing for the secondrespondent submitted that the case of the petitioners was notconsidered in view of the clarification letter dated 06.05.1985. Inview of the order that has been passed earlier by the learned singlejudge as extracted above, the matter is under consideration by theGovernment.

6. In view of the earlier decision of this Court inW.P.No.22933 of 2007 and the reasoning of the learned single judge towhich I am in respectfully agreement with, this Court directs therespondents 1 and 2 to consider the representation of the petitionersfor grant the relief as prayed for and pass appropriate orders withina reasonable time preferably on or before 06.02.2010.

7. The Writ Petition is allowed with the above direction.There is no order as to costs.

Sd/-

Asst.Registrar

/True Copy/Sub Asst.Registrar

To

1. The Secretary, Government of TamilNadu, Environment and Forest, Department, Secretariat, Chennai.9

2. The Member Secretary, Tamil nadu Pollution Control Board, 76,Mount Salai, Guindy, Chennai.32.

+ 1 cc to Special Government Pleader(F) SR.71494

+ 1 cc to Mr.N.Subramaniyan, Advocate SR.71313

+ 1 cc to Mr.R.Ramanlaal, Advocate SR.71551

W.P. No. 30227 of 2008

KJI(CO)EU 25.01.2010