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Madras High CourtWP/21730/2010dismissed as infructuous

K.Mayandi, v. The Secretary To Government,

2019-04-10Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.04.2019

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.21730 of 2010 K.Mayandi ... Petitioner Vs.

1. The Secretary to Government, Hindu Religious and Charitable Endowment, Fort St.George, Chennai - 600009.

2. The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai - 600034.

3. The Joint Commissioner/Executive Officer, Incorporated and Unincorporated Dewasam, Suchindram Post, Kanyakumari District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in connection with the impugned order passed by him in Na.Ka.No.77833/2005/u1 dated 24.08.2010 and further direct the respondents 2 & 3 to fix the salary on par with the similarly situated persons in the category of "Special Security Guards" from the date of the regularization/appointment and grant him all consequential service and monetary benefits.

For Petitioner : No Appearance For Respondents : Mr.M.Maharaja Special Government Pleader (HR & CE)

ORDER

This Writ Petition has been filed seeking to quash the order passed by the second respondent in Na.Ka.No.77833/2005/u1 dated

24.08.2010 and direct the respondents 2 & 3 to fix the salary of the petitioner on par with the similarly situated persons in the category of "Special Security Guards" from the date of the regularization/appointment and grant him all consequential service and monetary benefits.

2. Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents 1 and 2, has produced a copy of the proceedings in Se.Mu.Na.Ka.No.4246/2010/A2 dated 31.01.2013 of the Joint Commissioner/Executive Officer, Kanchipuram District, wherein, it could be seen that the salary of the persons who were working as "Special Security Guards" in the Administration of Suchindram in the temples at Kanyakumari District, has been amended with effect from 01.07.2013 and as per which, the petitioner's salary has been fixed on par with the similarly situated persons in the category of the said post and he has been paid the same with all benefits from the date of his regularization/appointment. Subsequently, he retired from the service on 31.05.2015 as he attained the age of superannuation.

3. In view of the above proceedings of the Joint Commissioner/Executive Officer dated 31.01.2013, nothing survives in this Writ Petition and accordingly, the Writ Petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar raja To

1. The Secretary to Government, Hindu Religious and Charitable Endowment, Fort St.George, Chennai - 600009.

2. The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai - 600034.

3. The Joint Commissioner/Executive Officer, Incorporated and Unincorporated Dewasam, Suchindram Post, Kanyakumari District.

+1 cc to Mr.S.Sivakumar, Advocate, Sr.No. 35643 +1 cc to The Government Pleader, Sr.No. 36479 W.P.No.21730 of 2010 CSL/07.06.2019