High CourtsSingle Bench(2011) 07 MAD CK 0039

K.S.P. Subbiah vs The Secretary to Government, Finance Department, The Secretary to Government, Handlooms, Handicrafts, Textile and Khadi Department and The Tamil Nadu Khadi and Village Industries Board

Madras High Court · Decided on 7 July 2011

HON’BLE JUDGES
Vinod K. Sharma, J
CASE NUMBER
Writ Petition No. 7817 of 2008

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Judgment

15 paragraphs · 281 words

Vinod K. Sharma, J.—The Petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India,

with a prayer for issuance of a Writ in the nature of Mandamus, to direct the Respondents to pay the dearness allowance to the employees of the

third Respondent Board, on a revised basis corresponding to the Government employees, without any delay.

2.

It is the case of the Petitioner, as the Tamil Nadu Khadi and Village Industries Board/third Respondent was previously a wing of the State

Government, the employees working with the third Respondent are entitled to the pay scale and emoluments, which are sanctioned to the State

Government employees from time to time. This is covered u/s 48 of the Khadi Board Regulation Act.

3.

Before approaching this Court with a prayer of issuance of Writ of Mandamus, the Petitioner, has filed a detailed representation dated

10.09.2007 before the third Respondent, and till date, No. decision has been taken thereon.

4.

In spite of notice, and the name having been printed in the cause list, the third Respondent/Tamil Nadu Khadi and Village Industries Board has

not chosen to enter appearance, either in person or through a counsel.

5.

At this stage, this writ petition is disposed of, with a direction to the third Respondent/Tamil Nadu Khadi and Village Industries Board to take a

decision on the representation dated 10.09.2007 filed by the Petitioner, within a period of two months, from the date of receipt of a certified copy

of this order.

6.

The third Respondent is further directed to pass a detailed speaking order, in case, the prayer of the Petitioner is not accepted.

7.

No costs.