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Madras High CourtWMP/3049/2023allowed

Kamalammal @ Kamala v. The Principal

2023-09-29Honourable Mr Justice C.V. Karthikeyan2 pages

W.M.P.No.3049 of 2023 and W.P.No.19521 of 2018 C.V.KARTHIKEYAN, J.

This petition has been filed seeking amendment of the relief sought in the writ petition from Mandamus to settle the terminal retirement benefits to the petitioner to a Mandamus seeking a direction to the 1st and 2nd respondents to regularize the service of the petitioner with retrospective effect from 01.04.1982 and to pay all consequential benefits including arrears of pay.

2.The petitioner was originally appointed as sweeper in the 1st respondent School on 01.04.1982 and on attaining the age of 60 years was terminated on August, 2016. The grievance of the petitioner is that terminal benefits were not paid. But however, it could be paid only if the services were regularized. There was no relief sought in the writ petition to regularize the services. Consequentially, the amendment petition had been filed seeking a direction to regularize the services of the petitioner herein. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

hvk 3.In view of that particular fact, since it would only be appropriate that the Court also examines this particular issue, this petition stands allowed.

4.The Registry is directed to carryout necessary amendments in the relief column as stated in the amendment petition. 29.09.2023 hvk W.M.P.No.3049 of 2023 and W.P.No.19521 of 2018 https://www.mhc.tn.gov.in/judis