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Madras High CourtWP/35260/2006dismissed as abated

R. Raju v. The Director Of Elementary

2020-12-03Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.35260 of 2006 (O.A.No.3082 of 1998) R.Raju

...Petitioner

Vs.

1. The Director of Elementary Education, College Road, Nungambakkam, Chennai - 6.

2. The District Elementary Education Officer, Coimbatore, Coimbatore District.

3. The Assistant Elementary Educational Officer, Madukkarai, Coimbatore Taluk, Coimbatore - 641105.

...Respondents

PRAYER :

Originally this application has been filed as Original Application No.3082 of 1998 before the Tamil Nadu Administrative Tribunal at Chennai and after abolition of TNAT, application has been transferred and re-numbered as W.P.No.35260 of 2006. Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to fix the pay of the petitioner in the cadre of Special Grade Middle School Headmasters on par with that of his said junior served in the petitioner's Unit of Panchayat Union School in Madukkarai Panchayat in the pay scale of Rs.2200-4000 with effect from 01.06.1988 onwards and further direct the respondents to award the consequential pension based on the pay scale of Rs.2200-4000 with effect from 01.09.1994 with all consequential benefits.

For Petitioner : Mr.A.Deivasigamani for Mr.S.Saravanan For Respondents: Mr.P.Chinnadurai Additional Government Pleader

ORDER

This Writ Petition has been filed directing the respondents to fix the pay of the petitioner in the cadre of Special Grade Middle School Headmasters on par with that of his said junior served in the petitioner's Unit of Panchayat Union School in Madukkarai Panchayat in the pay scale of Rs.2200-4000 with effect from 01.06.1988 onwards and further to direct the respondents to award the consequential pension based on the pay scale of Rs.2200-4000 with effect from 01.09.1994 with all consequential benefits.

2. The petitioner has filed the Original Application before the Tamil Nadu Administrative Tribunal, Chennai. Subsequently, due to abolition of the Tribunal, this matter was transferred to this Court and renumbered as W.P.No.35260 of 2006.

3. It is represented by the learned Additional Government Pleader appearing for the respondents that the petitioner died in the year 2018 itself but so far, no steps have been taken by the legal heirs of the petitioner to implead them in the writ petition to continue the case.

4. Considering the fact that the petitioner died in the year 2018 and no steps have been taken to bring legal representatives on record, this Writ Petition is dismissed as abated. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sni To

1. The Director of Elementary Education, College Road, Nungambakkam, Chennai - 6.

2. The District Elementary Education Officer, Coimbatore, Coimbatore District.

3. The Assistant Elementary Educational Officer, Madukkarai, Coimbatore Taluk, Coimbatore - 641105.

+1cc to Government Pleader, SR39073 +1cc to Mr.S.Saravanan, Advocate, SR38963 W.P.No.35260 of 2006 CO(RLD) BDL/06/01/2021