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2012 DIGILAW 65 (MAD)

P. Choris Michael v. The Director of Rural Development, Chennai

2012-01-04

VINOD K.SHARMA

body2012
Judgment :- 1. As the common question of law and facts are involved in both the writ petitions, a common order is being passed. For the sake of brevity, the facts being taken from W.P.No.49523 of 2006. 2. The petitioners in W.P.No.49523/2006 have approached this Court with the prayer for issuance of writ in the nature of mandamus directing the respondents to pay regular time scale of pay applicable to the post of Water Supply Attender, with all monetary and service benefits. 3. The prayer in W.P.No.1179/2007 is for issuance of mandamus directing the respondents to appoint the petitioner in the post of Water Supply Attender in the regular time scale of pay with effect from the date of initial appointment with all service and monetary benefits. 4. The main grievance of the petitioners in both the writ petition is that though the petitioners were working as regular Water Supply Attender, they are being discriminated with regard to pay scale being paid to Water Supply Attenders working in the different districts. 5. Interim order was passed by this Court directing the respondents to pay salary to the petitioners similar to one being paid to the Water Supply Attenders, similarly situated. 6. Counter has been filed in W.P.No.49523 of 2006 by the District Collector, Kanyakumari District. In para 9 of the counter, it is stated as under: "9 The writ petition was admitted on 08.09.1999. However, prayer for interim relief was not granted except to the extent that the employees will get whatever they were being paid in terms of G.O.Ms.No.182, Rural Development(E5)Department,dated 31.8.1998. This order has come into effect from 01.04.2005. The very same trade union has also filed Writ Appeal in W.A.No.1982/1999. The said Writ Appeal came to be disposed of by the Division Bench vide its order dated 20.12.2006. The order is as follows: "It is submitted by the learned Government Advocate that the Government has passed G.O.Ms.No.60, dated 03.05.2005 enhancing the wages of the writ petitioner. The above statement of the learned Government Advocate is recorded. In view of the above, no further orders are necessary. Accordingly, the writ appeal is closed. No costs. Consequently, the connected miscellaneous petition is closed." Since the petitioner Association itself has agreed to be paid wages in terms of G.O.Ms.No.60, dated 03.05.2005 and the same has been recorded by the Division Bench of this Court, nothing survives in the writ petition. Accordingly, the writ appeal is closed. No costs. Consequently, the connected miscellaneous petition is closed." Since the petitioner Association itself has agreed to be paid wages in terms of G.O.Ms.No.60, dated 03.05.2005 and the same has been recorded by the Division Bench of this Court, nothing survives in the writ petition. Hence, the writ petition is dismissed as infructuous. No costs. Connected M.Ps. are closed." 7. In view of the stand taken in the counter, these writ petitions have been rendered infructuous and disposed of accordingly. No costs.