1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.12634 of 2011 A.Natesan :Petitioner -Vs- 1. The Executive Engineer, Public Works Department, WRO, South Vellar Basin Division, Pudukkottai, Pudukkottai District. 2. The Assistant Executive Engineer, Public Works Department, WRO, South Vellar Basin Sub Division, Thirumayam, Pudukkottai District. 3. The Accountant General (Accounts & Entitlement), Pension Section – 15, 361, Anna Salai, Chennai-18. 4. The Sub Treasury Officer, Sub Treasury, Thirumayam, Pudukkottai District. :Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the third respondent to pass orders on the Revised Pay Fixation Order passed by the first respondent his proceedings No.F5/2010/E II/Dated 07.06.2010 and F5/2010/E II/dated 25.03.2011 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For R1, R2 and R4 : Mr.M.Alagathevan,Special Government Pleader For R3 : Mr.P.Gunasekaran ORDER The petitioner has come forward to this Court under Article 226 of the Constitution of India, seeking a Writ of Mandamus to direct the third respondent, the Accountant General (Accounts and Entitlement), Pension Section-15, Chennai to pass appropriate order on the revised pay fixation order passed by the first respondent in his proceedings No.F5/2010/E II/Dated 07.06.2010 and F5/2010/E II/dated 25.03.2011. 2.The learned counsel for the petitioner submits that the petitioner after put in unblemished service, on reaching the age of superannuation retired from service. Initially he was appointed as a Work Inspector Grade- II. His services were also provincialised on 05.02.1976 as per G.O.Ms.No.95 PWD, dated 09.01.1971. Thereafter, he was given selection grade while serving as Work Inspector Grade-II, on 05.02.1986. He pleaded further that on completion of 10 years service as Work Inspector Grade-II under flexible complementing scheme in the pre-revised scale should be treated as in selection grade scale of Work Inspector Grade-II in terms of G.O.Ms.No.250, Finance, (CMPC)/ Dept. dated 21.03.1994, the petitioner should be treated as in selection grade scale of Work Inspector Grade-II as per G.O.Ms.No.250 Finance Department dated 21.03.1994, however, the existing time scale of pay Rs.5,500-150-9000 was revised as per sixth pay commission in terms of G.O.Ms.No.234, Finance (PC) Department, dated 01.06.2009. On the basis of the said G.O., his pay should be revised making him eligible to draw pay fixation arrears from 01.06.1988 to 31.05.2008. But even though the petitioner is eligible to receive the revised pay fixation, the same was not considered. Therefore, the petitioner made a representation to the WRO and Chief Engineer (General), PWD and also by way of written representation dated 01.03.2009. On considering the petitioner's genuine request, the first respondent has passed an order in his proceedings No.F5/2010/E-II dated https://hcservices.ecourts.gov.in/hcservices/ 2 07.06.2010, revising his pay fixation. Further, the first respondent has also passed an another order in his proceedings No.F5/2010/E-II dated 25.03.2011. Almost similar order, but those orders have not been till date implemented. Therefore, the grievance of the petitioner in the present writ petition is, because of delay in passing the order on the Revised Pay Fixation Order passed by the first respondent, they are not able to finally settle the monetary benefits, under these circumstances, the petitioner sought for only a limited prayer to issue a direction to the third respondent to pass orders on the Revised Pay Fixation Order passed by the first respondent in his proceedings No.F5/2010/E-II dated 25.03.2011, as the petitioner has retired from service on 31.05.2008. 3.Even two years after his retirement, the Executive Engineer, PWD., WRO, Pudukottai has passed an order dated 07.06.2010, holding that the petitioner is entitled to draw pay fixation arrears if any from 01.06.1988 to 31.05.2008 and revision of pension with effect from 01.06.2008. The very same officer also once again has passed another order dated 25.03.2011 in his proceedings No.F5/2010/E II dated 25.03.2011 holding that he is entitled to draw pay fixation arrears if any from 01.06.1988 to 31.05.2008 and revision of pension with effect from 01.06.2008. 4.In spite of the above said orders having been passed on 07.06.2010, the said order has not been till date given effect to by the third respondent, the Accountant General (Accounts & Entitlement), Pension Section 15, Chennai-18. 5.The learned counsel appearing for the third respondent, the Accountant General (Accounts & Entitlement), Chennai sought for four weeks time to pass final order. 6.Accordingly, the third respondent, the Accountant General (Accounts & Entitlement), Chennai is directed to work out the revision of pay as already ordered by the first respondent, by keeping in view the fact of retirement of the petitioner on 31.05.2008 and pass final order within a period of four weeks from the date of receipt of a copy of this order. In view of the above direction, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: 1. The Executive Engineer, Public Works Department, WRO, South Vellar Basin Division, Pudukkottai, Pudukkottai District. 2. The Assistant Executive Engineer, Public Works Department, WRO, South Vellar Basin Sub Division, Thirumayam, Pudukkottai District. 3. The Accountant General (Accounts & Entitlement), Pension Section – 15, 361, Anna Salai, Chennai-18. 4. The Sub Treasury Officer, Sub Treasury, Thirumayam, Pudukkottai District. +1CC to Mr.G.Thalaimutharasu, Advocate. SR.No.38569. +1CC to Mr.P.Gunasekaran, Advocate. SR.No.38733. Akv W.P.(MD)No.12634 of 2011 RP/18.11.2011/2P/7C. 08.11.2011 https://hcservices.ecourts.gov.in/hcservices/