1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5025 of 2011 M.Ganapathipillai : Petitioner Vs. 1.The Principal Chief Conservator of Forests, Panagal Building, Chennai-15. 2.The District Forest Officer, The District Forest Office, Housr Forest Division, Paultry Farm, Mathiyagiri PO, Krishnagiri 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 respondents to implement the Selection Grade and Special Grade Scale of Pay as indicated in Schedule II of the Tamil Nadu Revised Scales of Pay Rules, 1998 at Rs.5,000/- and Rs.5,500/- respectively to the petitioner/Driver from 01.01.1996 in the light of G.O.Ms.No.162, dated 13.04.1998, Finance (Pay Cell) Department, Tamil Nadu Government and to pay him all arrears due of nearly Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) by considering the petitioner's representation dated 15.03.2011 within the stipulated time. For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ******* ORDER ****** Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. By consent, 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 respondents to implement the Selection Grade and Special Grade Scale of Pay as indicated in Schedule II of the Tamil Nadu Revised Scales of Pay Rules, 1998 at Rs.5,000/- and Rs.5,500/- respectively to the petitioner/Driver from 01.01.1996, in the light of G.O.Ms.No.162, dated 13.04.1998, Finance (Pay Cell) Department, Tamil Nadu Government and to pay him all arrears due of nearly Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) by considering his representation dated 15.03.2011 within a time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The case of the petitioner is that he has joined in the service as a driver in the Forest Department on regular basis in the year 1979 at Kanyakumari District. On completion of ten years of his service as driver in the Forest Department, he has been given Selection Grade in the year 1989 and subsequently, on his completion of twenty years of service, he has been given Special Grade in the year 1999. Based on the recommendation of the official committee 1998, orders were issued in G.O.Ms.No.162, Finance (PC) Department, dated 13.04.1998 for revision of scale of pay with retrospective effect from 01.01.1996. As per the said Government Order, most of the Heads of Departments have extended the benefits. However, in the case of the Forest Department, the said Government Order has not been implemented. In fact, a Division Bench of the Principal Bench in W.A.Nos.383 to 391 of 2009, conferred such benefits. The petitioner, therefore, sent a detailed representation dated 15.03.2011 to implement the Selection Grade and Special Grade scale of pay, as per the said Government Order. Since the same has not been considered so far, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 5. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the (*)second respondent to consider the grievance of the petitioner as put forth by him in his representation dated 15.03.2011, in the light of the proceedings referred to above. The said exercise has to be carried out by the first respondent, within a period of eight weeks from the date of receipt of a copy of this order. 6. The Writ Petition stands disposed of in the above terms. No costs. Sd/- Deputy Registrar (L.A) (*) Corrected as per order of this Court dated 23.6.2011 Assistant Registrar To To be substituted for the orders already despatched:- 1.The Principal Chief Conservator of Forests, Panagal Building, Chennai-15. 2.The District Forest Officer, The District Forest Office, Housr Forest Division, Paultry Farm, Mathiyagiri PO, Krishnagiri District. + 1 cc to Mr.R.Suresh Kumar, Advocate, SR No.18051 + 1 cc to The Special Government Pleader, SR No.18528 Order made in W.P.(MD)No.5025 of 2011 Dated:- 13.06.2011 SML RJ/1.7.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/