IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15-2-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.2228 of 2010 and M.P.No.1 of 2010 The Tamil Nadu Junior Bailiff District Head Quarters Association District Court Villupuram Represented by its State President A.Perumal .. Petitioner vs 1.The Registrar General High Court Madras 104. 2.The Principal Secretary to Government Finance (Pay Cell) Department Fort St. George Madras 9. 3.The Principal District Judge Villupuram 4.The Principal District Judge Tuticorin .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to dispose of the petitioner's representation dated 23.11.2009 and directing the payment of Rs.750/- per month as Fixed Travelling Allowance to the Junior Bailiff and Senior Bailiffs. For Petitioner : Mr.V.Bhiman For Respondents : Mr.P.K.Rajagopal for RR1, 3 and 4 Mrs.Malarvizhi Udayakumar Special G.P. for R2 ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
This writ petition has been brought forth by the Tamil Nadu Junior Bailiff District Head Quarters Association, District Court, Villupuram, seeking a writ of mandamus to direct the first respondent to dispose of the petitioner’s representation dated 23.11.2009, and to sanction the payment of Rs.750/- per month to the Junior Bailiff and Senior Bailiffs as Fixed Travelling Allowance.
2.Affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioner, learned Counsel for the respondents 1, 3 and 4 and also the learned Special Government Pleader for the second respondent.
3.The only grievance ventilated by the petitioner as could be seen from the affidavit and the submissions made by the Counsel for the petitioner, is that there was a representation made to the first respondent with regard to the payment of Fixed Travelling Allowance to the Junior Bailiffs at Rs.750/- per month, on 23.11.2009; that it is actually pending consideration; and that no decision has yet been taken. Added further the learned Counsel for the petitioner that as far as the fixed travelling allowance is concerned, an amount of Rs.200/- has been fixed; that the same has been paid to the Junior Bailiffs pursuant to the earlier orders in every mofussil Court; that now there has been an order passed by the third respondent the Principal District Judge, Villupuram, to refund the amount if remained unexpended. The learned Counsel would further add that once it is a fixed allowance for the purpose of travelling and at times, the work was in excess and at times, in less, there should not be any order for making refund of the amount which is paid to the Junior Bailiffs in the mofussil Courts.
4.The Court heard the learned Counsel for the respondents.
5.From the submissions made, it would be quite clear that a representation has already been given on 23.11.2009 wherein the grievance now ventilated by the petitioner before this Court is actually found place. Under the circumstances, this Court feels that it would be fit and proper to issue a direction to the Registrar General, High Court, Madras, the first respondent herein, to dispose of the representation made by the petitioner association dated 23.11.2009, at the earliest. Accordingly, a direction is issued, and this writ petition is disposed of. No costs. Consequently, connected MP is closed.
(M.C.,J.) (T.R.,J.)
15-2-2010
Index: yes
Internet: yes
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To:
1.The Registrar General
High Court
Madras 104.
2.The Principal Secretary to Government
Finance (Pay Cell) Department
Fort St. George, Madras 9.
M.CHOCKALINGAM, J.
AND
T.RAJA, J.
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3.The Principal District Judge
Villupuram
4.The Principal District Judge
Tuticorin
WP No.2228 of 2010
DT: 15-2-2010