S. Padmanaban v. Government of Tamil Nadu, Rep. by its Secretary, Chennai
2022-07-08
S.M.SUBRAMANIAM
body2022
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the petitioner the notified market rates for the post of Electrical Assistant/Electrician along with arrears thereof.) 1. The relief sought for in the present writ petition is to direct the respondents to pay the petitioner the notified market rates for the post of Electrical Assistant/Electrician along with arrears. 2. The petitioner states that he was appointed as an Electrician/Electrical Assistant on full time basis in the third respondent Panchayat by proceedings dated 25.08.2006. He was appointed on Daily Wages (NMR). Service Register was opened as per the proceedings of the District Collector. The petitioner was issued with an Identity Card by the Department of Rural Development. 3. The grievances of the writ petitioner is that the market rates are notified by the District Collector from time to time regarding the wages to be paid to such daily wage employees. Though the minimum wages to be paid to these temporary employees are notified by the District Collector, the said payment had not been paid to the writ petitioner for several years. 4. The learned counsel for the petitioner made a submission that in the current year, the revision was effected pursuant to the orders of the District Collector in proceedings dated 11.01.2022 by the President, Pozhichalur Panchayat/third respondent. 5. When the third respondent issued revision of pay for the current year in proceedings dated 11.01.2022, the benefit of revision in respect of previous years also must be granted. The respondents have extended the benefit of notified wages in favour of the writ petitioner and therefore, the petitioner is entitled for the relief. 6. Accordingly, the respondents are directed to calculate the notified schedule of wages as per the proceedings of the District Collector during previous years and accordingly, settle the same in favour of the writ petitioner as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. 7. With these directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.