High Court · 2024

W.P.No.18635 of 2010IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.10.2024CORAM:THE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.No.18635 of 2010and M.P.No.2 of 2010Tamil Nadu Elementary School Teachers Federation,Rep. by its Perambulur District Secretary,JSR Maligai, 158, Bells Road, Triplicane, Chennai - 600 005.... Petitionerversus1.The State of Tamilnadu, Rep. by its Secretary, Department of Education, Fort St. George, Chennai - 600 009.2.The District Collector, Perambulur District, Perambulur.3.The District Treasury Officer, Perambulur, Perambulur District.4.The Sub Treasury Officer. Perambulur, Perambulur District.1/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 20105.The District Elementary Educational Officer, Perambulur, Perambulur District.6.The Secretary to Government, Finance Department, Secretariat, Chennai - 600 009....Respondents [Suo motu impleaded R-6 in this writ petition]Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the third respondent District Treasury Officer in Nea.Mu.Ka.No.Na.Ka.5311/2010/E1 dated 28.06.2010 (discontinuing and recovering the House Rent Allowance hitherto paid at the rate admissible for second grade municipality area), quash the same in so far as members of the petitioner Federation at Perambalur (names list annexed) are concerned and further direct the respondents herein to release the House Rent Allowance to the members of the petitioner Federation as it became due on the upgradation of the Perambalur Municipality as Grade -II, (Prayer amended as per order dated 11.09.2024 in W.M.P.No.7483 of 2024 in W.P.No.18635 of 2010)For Petitioner : M/s.Mary Sowmi Rexifor M/s.P.Godson SwaminathFor Respondent Nos.1 & 5:M/s.E.RanganayakiAdditional Government PleaderFor Respondent Nos.2 to 4 & 6:Mr.Stalin AbhimanyuAdditional Government Pleader2/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010O R D E RThe writ petition is filed challenging the order of the third respondent dated 28.06.2010 whereby the payment of House Rent Allowance was discontinued and recovery was sought to be made in respect of House Rent Allowance paid to the Grade-II Municipality.2.This Court, suo motu impleaded “The Secretary to Government, Finance Department, Secretariat, Chennai - 600 006”, as the sixth respondent. Mr.Stalin Abimanyu, learned Additional Government Pleader, takes notice for the sixth respondent.3.It is seen that the petitioner's Association has come up with the writ petition challenging the orders for discontinuing the payment of House Rent Allowance and recovery. Though in service matters, the writ petitions filed by the Association are not maintainable, since the writ petition has been admitted as early as on 17.08.2010 and also further taking note of the fact that the learned counsel appearing for the petitioner submits that even though the writ petition has been filed challenging the impugned orders, they will restrict the claim if a direction is issued to the Government to take a decision in this regard, the claim is dealt with.3/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 20104.It is the petitioner's case that Perambalur District has been formed by Special Government Order notified in the Official Gazette dated 01.10.1995. They have Head Quarters at Perambalur Town. Earlier, Perambalur Town was classified as Grade-III Municipality by the Municipal Administration. Subsequently, by G.O.(Ms.)No.136, Municipal Administration and Water Supply Department, dated 15.11.2006, Perambalur Municipality was upgraded from Grade-III to Grade-II Municipality.5.In view of the upgradation of the Municipality from Grade-III to Grade-II, the House Rent Allowance is applicable to the Government employees and teachers employed in Perambalur Municipality. Pursuant to the upgradation, the second respondent / District Collector issued vide proceedings dated 22.09.2009, notified that Perambalur, Alandur, Veppur and Veppanthattai Panchayat Unions of Perambalur Municipality were located with a radius of 8 kms and hence entitled to the House Rent Allowance as admissible to Grade-II Town. Based on which, the third respondent, by proceedings dated 25.09.2009, directed the fourth 4/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010respondent to disburse the House Rent Allowance as admissible to Grade-II Municipality to the Government employees working in Perambalur District and accordingly, the House Rent Allowance at the rate of Grade-II Municipality has been disbursed to the Government employees with effect from 15.11.2006.6.However, since the necessary permission has not been accorded by the Finance Department, impugned order came to be passed for recovery of the House Rent Allowance paid as applicable to the Grade-II Municipality. Challenging the impugned order, the present writ petition has been filed.7.The third respondent has filed a counter affidavit wherein it is stated that the District Collector, Perambalur, by letter vide his proceedings in Na.Ka.No.A4/10480/2010, dated 20.07.2010, addressed to the Secretary to the Government, Finance Department (impleaded 6th respondent) sought for necessary orders for payment of the House Rent Allowance at the rate applicable to Grade-II for Perambalur Municipality and the same is pending with the Government.5/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 20108.Further, the third respondent in para 14 of the counter affidavit has stated that the enhanced House Rent Allowance was admitted by them and paid in view of G.O.(Ms.)No.772, Finance Department, dated 22.08.1986. However, later, it came to the knowledge that the enhancement of the House Rent Allowance could be made only on the notification of the competent authority, i.e. the Finance Department. 9.The learned counsel for the petitioner confines the prayer in the writ petition and submits that they will be satisfied if a suitable direction is issued to the sixth respondent to take a decision in this regard, as proposals have been sent to them as early as in the year 2010.10.The learned Additional Government Pleader for the respondents has no serious objection in this regard for a direction to be issued to the sixth respondent to consider the proposals submitted on merits and in accordance with law.6/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 201011.Taking note of the above submissions and the averments made by the third respondent in the counter affidavit, it would suffice to direct the sixth respondent to consider the proposal submitted by the District Collector on 20.07.2010 and also any further representation to be given by the petitioner in this regard in respect of allowing the House Rent Allowance to be paid as applicable to Grade-II Municipality and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.12.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.17.10.2024Speaking order / Non-speaking orderIndex: Yes / NoNeutral Citation: Yes / Nosri7/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010To1.The Secretary, State of Tamilnadu, Department of Education, Fort St. George, Chennai - 600 009.2.The District Collector, Perambulur District, Perambulur.3.The District Treasury Officer, Perambulur, Perambulur District.4.The Sub Treasury Officer. Perambulur, Perambulur District.5.The District Elementary Educational Officer, Perambulur, Perambulur District.6.The Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.8/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010G.ARUL MURUGAN , J. sriW.P.No.18635 of 2010and M.P.No.2 of 201017.10.20249/9

W.P.No.18635 of 2010IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.10.2024CORAM:THE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.No.18635 of 2010and M.P.No.2 of 2010Tamil Nadu Elementary School Teachers Federation,Rep. by its Perambulur District Secretary,JSR Maligai, 158, Bells Road, Triplicane, Chennai - 600 005.... Petitionerversus1.The State of Tamilnadu, Rep. by its Secretary, Department of Education, Fort St. George, Chennai - 600 009.2.The District Collector, Perambulur District, Perambulur.3.The District Treasury Officer, Perambulur, Perambulur District.4.The Sub Treasury Officer. Perambulur, Perambulur District.1/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 20105.The District Elementary Educational Officer, Perambulur, Perambulur District.6.The Secretary to Government, Finance Department, Secretariat, Chennai - 600 009....Respondents [Suo motu impleaded R-6 in this writ petition]Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the third respondent District Treasury Officer in Nea.Mu.Ka.No.Na.Ka.5311/2010/E1 dated 28.06.2010 (discontinuing and recovering the House Rent Allowance hitherto paid at the rate admissible for second grade municipality area), quash the same in so far as members of the petitioner Federation at Perambalur (names list annexed) are concerned and further direct the respondents herein to release the House Rent Allowance to the members of the petitioner Federation as it became due on the upgradation of the Perambalur Municipality as Grade -II, (Prayer amended as per order dated 11.09.2024 in W.M.P.No.7483 of 2024 in W.P.No.18635 of 2010)For Petitioner : M/s.Mary Sowmi Rexifor M/s.P.Godson SwaminathFor Respondent Nos.1 & 5:M/s.E.RanganayakiAdditional Government PleaderFor Respondent Nos.2 to 4 & 6:Mr.Stalin AbhimanyuAdditional Government Pleader2/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010O R D E RThe writ petition is filed challenging the order of the third respondent dated 28.06.2010 whereby the payment of House Rent Allowance was discontinued and recovery was sought to be made in respect of House Rent Allowance paid to the Grade-II Municipality.2.This Court, suo motu impleaded “The Secretary to Government, Finance Department, Secretariat, Chennai - 600 006”, as the sixth respondent. Mr.Stalin Abimanyu, learned Additional Government Pleader, takes notice for the sixth respondent.3.It is seen that the petitioner's Association has come up with the writ petition challenging the orders for discontinuing the payment of House Rent Allowance and recovery. Though in service matters, the writ petitions filed by the Association are not maintainable, since the writ petition has been admitted as early as on 17.08.2010 and also further taking note of the fact that the learned counsel appearing for the petitioner submits that even though the writ petition has been filed challenging the impugned orders, they will restrict the claim if a direction is issued to the Government to take a decision in this regard, the claim is dealt with.3/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 20104.It is the petitioner's case that Perambalur District has been formed by Special Government Order notified in the Official Gazette dated 01.10.1995. They have Head Quarters at Perambalur Town. Earlier, Perambalur Town was classified as Grade-III Municipality by the Municipal Administration. Subsequently, by G.O.(Ms.)No.136, Municipal Administration and Water Supply Department, dated 15.11.2006, Perambalur Municipality was upgraded from Grade-III to Grade-II Municipality.5.In view of the upgradation of the Municipality from Grade-III to Grade-II, the House Rent Allowance is applicable to the Government employees and teachers employed in Perambalur Municipality. Pursuant to the upgradation, the second respondent / District Collector issued vide proceedings dated 22.09.2009, notified that Perambalur, Alandur, Veppur and Veppanthattai Panchayat Unions of Perambalur Municipality were located with a radius of 8 kms and hence entitled to the House Rent Allowance as admissible to Grade-II Town. Based on which, the third respondent, by proceedings dated 25.09.2009, directed the fourth 4/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010respondent to disburse the House Rent Allowance as admissible to Grade-II Municipality to the Government employees working in Perambalur District and accordingly, the House Rent Allowance at the rate of Grade-II Municipality has been disbursed to the Government employees with effect from 15.11.2006.6.However, since the necessary permission has not been accorded by the Finance Department, impugned order came to be passed for recovery of the House Rent Allowance paid as applicable to the Grade-II Municipality. Challenging the impugned order, the present writ petition has been filed.7.The third respondent has filed a counter affidavit wherein it is stated that the District Collector, Perambalur, by letter vide his proceedings in Na.Ka.No.A4/10480/2010, dated 20.07.2010, addressed to the Secretary to the Government, Finance Department (impleaded 6th respondent) sought for necessary orders for payment of the House Rent Allowance at the rate applicable to Grade-II for Perambalur Municipality and the same is pending with the Government.5/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 20108.Further, the third respondent in para 14 of the counter affidavit has stated that the enhanced House Rent Allowance was admitted by them and paid in view of G.O.(Ms.)No.772, Finance Department, dated 22.08.1986. However, later, it came to the knowledge that the enhancement of the House Rent Allowance could be made only on the notification of the competent authority, i.e. the Finance Department. 9.The learned counsel for the petitioner confines the prayer in the writ petition and submits that they will be satisfied if a suitable direction is issued to the sixth respondent to take a decision in this regard, as proposals have been sent to them as early as in the year 2010.10.The learned Additional Government Pleader for the respondents has no serious objection in this regard for a direction to be issued to the sixth respondent to consider the proposals submitted on merits and in accordance with law.6/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 201011.Taking note of the above submissions and the averments made by the third respondent in the counter affidavit, it would suffice to direct the sixth respondent to consider the proposal submitted by the District Collector on 20.07.2010 and also any further representation to be given by the petitioner in this regard in respect of allowing the House Rent Allowance to be paid as applicable to Grade-II Municipality and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.12.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.17.10.2024Speaking order / Non-speaking orderIndex: Yes / NoNeutral Citation: Yes / Nosri7/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010To1.The Secretary, State of Tamilnadu, Department of Education, Fort St. George, Chennai - 600 009.2.The District Collector, Perambulur District, Perambulur.3.The District Treasury Officer, Perambulur, Perambulur District.4.The Sub Treasury Officer. Perambulur, Perambulur District.5.The District Elementary Educational Officer, Perambulur, Perambulur District.6.The Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.8/9 https://www.mhc.tn.gov.in/judis W.P.No.18635 of 2010G.ARUL MURUGAN , J. sriW.P.No.18635 of 2010and M.P.No.2 of 201017.10.20249/9