1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN WP(MD)No.4619 of 2011 S.John Sugumar :Petitioner -Vs- 1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Virudhunagar District. 2.The Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer, Aruppukkottai, Virudhunagar District. 3.The Correspondent, CSI Boarding Middle School, Aruppukkottai, Virudhunagar District. :Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the third respondent herein to consider the representation of the petitioner dated 11.10.2010, in the light of G.O.Ms.No.10, Finance (Pay Cell) Department, dated 13.01.2009 and in G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009 for disbursement of arrears of salary on the revised pay scale as per the VI Pay Commission, within a reasonable time. For Petitioner : Mr.K.Appadurai For Respondents 1&2 : Mr.B.Pugalendhi Special Government Pleader For Respondent No.3 : No Appearance ORDER Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first and second respondents. Even though the third respondent has been served and the name of the third respondent has been printed in the cause-list, the third respondent has not chosen to appear before this Court either in person or through a counsel. 2.By consent of both sides, the Writ Petition itself is taken up for final hearing. 3.The petitioner has come up with the present Writ Petition for a Mandamus, directing the third respondent herein to consider the representation of the petitioner dated 11.10.2010, in the light of G.O.Ms.No.10, Finance (Pay Cell) Department, dated 13.01.2009 and G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009 for disbursement of arrears of salary on the revised pay scale as per the VI Pay Commission, within a reasonable time. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The case of the petitioner is that he is qualified to be appointed as B.T.Assistant and hence, he has been appointed as B.T. Assistant (English) in the third respondent School. As per G.O.Ms.No.10, Finance (Pay Cell) Department, dated 13.01.2009 and G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009, he is entitled for a revised scale of pay, as per Sixth Pay Commission. Since the same has not been sanctioned to him, he has sent a representation to the third respondent. The said representation was not considered so far and hence, he has come up with the present Writ Petition. 5.While considering the submission made by the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for respondents 1 and 2, I am of the considered view that the petitioner has to send a representation to the first respondent, bringing to his notice about the non-payment of the revised scale of pay to him, as per the Sixth Pay Commission. Accordingly, the petitioner is directed to send a representation to the first respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to pass orders on merits and in accordance with law, after hearing the third respondent. The said exercise has to be carried out by the first respondent, within a period of eight weeks from the date of receipt of such representation. 6.The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Virudhunagar District. 2.The Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer, Aruppukkottai, Virudhunagar District. +1CC to The Special Government Pleader. SR.No.19233. SML RP/23.06.2011/2P/4C. Order made in WP(MD)No.4619 of 2011 Dated:- 17.06.2011 https://hcservices.ecourts.gov.in/hcservices/