IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2010 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.NO.17335 OF 2009 E.Gnanaprakasam ... Petitioner Versus 1.The Assistant Director of Town Panchayat Vellore Zone, Vellore. 2.The Commissioner of Municipal Administration Chepauk, Chennai – 600 005. 3.The Commissioner Athur Municipality, Athur, Salem District. 4.The Commissioner Salem Municipal Corporation Salem. 5.The Director of Town Panchayat Kuralagam, Chennai. 6.The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George, Chennai. (R5 and R6 impleaded as per order dated 19.07.2010 in M.P.No.1/2010 in W.P.No.17335/2009) ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of writ of mandamus, directing the respondents 1 to 4 herein to pay full pay and allowances to the petitioner for the periods from (1) 01.04.2000 to 23.05.2000 (54 days); (2) 25.05.2000 to 12.02.2002; (3) February 2002 to August 2002 and (4) 01.07.2005 to September 2008 and consequently direct the respondents herein to grant the petitioner full pay and allowance at the appropriate pay scale for the periods from 29.08.2002 to June 2005 and from October 2008 onwards and pay the outstanding amounts along with interest at 12% per annum. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.N.Balamuralikrishnan For Respondents 1,2, 5 & 6: Mrs.Lita Srinivasan Government Advocate For Respondent 3 : Mr.I.Paranthaman For Respondent 4 : Mr.K.Sridhar O R D E R The petitioner was employed as a Junior Engineer in Town Panchayat under the control of first respondent. While so, he was transferred to Attur Municipality during February 2002. He was not paid salary for the service rendered in the Town Panchayat for the period from 01.04.2000 to 12.02.2002. 2.It is now stated that the first respondent sent a proposal to the fifth respondent claiming Rs.2,40,369/- as salary for the period from 01.04.2000 to 12.02.2002. The fifth respondent has to approve the proposal and to disburse the salary to the petitioner. 3.From 29.02.2002 to June 2005, the petitioner served in Attur Municipality on transfer from the Town Panchayat. In Attur Municipality, he was paid only the minimum pay on the ground that the service particulars were not received from the first respondent. 4.It is now stated that after the petitioner was transferred from Attur Municipality to Salem Municipality, the first respondent sent the service particulars vide proceedings dated 09.09.2009 and the same is produced before this Court. 5.From 01.07.2005 to November 2009, the petitioner served in the fourth respondent – Municipality. The second respondent, being the overall head of the Municipal Administration, is responsible for payment of salary to his employees. Since the service particulars are available with the third respondent after 09.09.2009 as stated above, the second respondent should see to it that the service particulars are passed on to the fourth respondent for payment of salary to the petitioner, as it is stated by the learned counsel for the fourth respondent that for want of service particulars, the petitioner was paid the minimum pay to the post which he held. 6.Considering the facts and circumstances of the case, the following directions are issued: (a) Regarding payment of salary from 01.04.2000 to 12.02.2002 - Since the matter is relating to payment of salary for the period relating to 8 years back, a direction is issued to the fifth respondent to pass appropriate orders, disbursing the salary payable to the petitioner for the period from 01.04.2000 to 12.02.2002, within a period of four weeks from today. https://hcservices.ecourts.gov.in/hcservices/ (b) Regarding payment of salary from 29.02.2002 to June 2005 - the respondents 2 and 3 are directed to pay salary, which the petitioner is entitled to, after deducting the salary which he had received already, within a period of four weeks from today. (c) Regarding payment of salary from 01.07.2005 to November 2009 - the second and fourth respondents are directed to pay proper salary, which the petitioner is entitled to, after deducting the salary which he had received already, within a period of four weeks from today. 7.The writ petition is disposed of with the above directions. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar TK To 1.The Assistant Director of Town Panchayat Vellore Zone, Vellore. 2.The Commissioner of Municipal Administration Chepauk, Chennai – 600 005. 3.The Commissioner Athur Municipality, Athur, Salem District. 4.The Commissioner Salem Municipal Corporation Salem. 5.The Director of Town Panchayat Kuralagam, Chennai. 6.The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George, Chennai. 1 cc To Mr.V.Vijay Shankar, Advocate, SR.55468 1 cc To Mr.I.Paranthaman, Advocate, SR.54730 W.P.NO.17335 OF 2009 vsv(co) pmk.3.8.2010 https://hcservices.ecourts.gov.in/hcservices/