R.Subramanian v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN 1.R.Subramanian 2.K.S.Kanni Sah 3.K.Vallatharasu 4.S.Chandra Gandhi 5.S.Chockalingam 6.K.R.Nagarajan 7.K.Vasudevan 8.B.L.Jeganathan 9.T.Shanmugham 10.P.Vaithilingam 11.T.Krishnan 12.M.A.Thirunavukkarasan 13.A.Ramachandran 14.P.Ayyar 15.G.Swaminathan 16.S.Subbian 17.R.Chinnappan 18.M.Chinnakkannan 19.S.R.Ramachandran 20.V.Virumandy 21.A.K.Subramanian 22.C.K.Ramamoorthy 23.N.S.Shanmugam 24.S.Masi 25.G.L.Christopher 26.P.Arunachalam 27.R.Chinnasubbiah 1/7
28.S.Ramasubbammal 29.J.Periyasamy 30.R.Sarangan 31.N.Ramasamy 32.A.Kulandaivel 33.J.Krishna Rajendran 34.R.Subramanian 35.R.Chinnachamy 36.K.Viruthachalam 37.M.Rajalingam 38.R.Masilamani 39.K.K.Palanichamy 40.C.Sadayappan 41.K.Thangaraj 42.M.Panneerselvam 43.V.Thanalakshmi 44.T.Ramaswamy 45.N.Raja 46.E.Thammanan 47.R.Malieri 48.P.Chelliah 49.S.N.Selvasubramanian 50.K.Syed Sulaiman 51.S.Manickam Rajiah 52.T.S.Jamal Umaruzzaman 53.T.Kabali Nathan 54.S.Murugesan 55.P.C.Sekharan 56.K.Gillan 57.G.Raman 58.T.R.Singiri 59.A.Nataraj 60.K.Bellu 61.M.Sankaran 62.V.Kalaiselvi 63.A.Ugrasenan 64.P.Subramanian 2/7
65.A.Alamelu 66.R.Rajelin Chaandh Bhebe 67.R.Dhanasingh 68.E.N.Janardhanan 69.R.Masilamani 70.R.S.Jothi Mahalingam ...
Petitioners versus 1.The Government of Tamil Nadu, Rep. by Secretary to the Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Government of Tamil Nadu, Rep. by its Secretary, Finance Department, Fort St.George, Chennai - 600 009.
3.The Director of School Education, College Road, Chennai - 600 006.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the first and third respondents in relation to letter No.25103/A1/09-2 dated 21.01.2010 and proceedings Na.Ka.No.82853/C1/C2/09 dated 25.02.2010 respectively and quash the same and issue a consequential direction to the respondents to extend the benefit of G.O.(Ms.)No.1581, Education Department, dated 06.11.1989 to the petitioners as well in the way and manner as implemented as in the case "A" wing teachers and to grant arrears of pay and pension.
For Petitioners :
Mr.R.Saseetharan For Respondents :
Mr.A.M.Ayyadurai Government Advocate 3/7
O R D E R
This Writ Petition is filed challenging the order of the respondents 1 and 3 dated 21.01.2010 and 25.02.2010 respectively and for consequential relief of granting arrears of pay and pension to the petitioners. 2.
When the matter is taken up for hearing, Mr.R.Saseetharan, learned counsel appearing for the petitioners submitted that the identical prayer in this writ petition has already been considered by this Court in W.P.No.25673 of 2011 dated 27.11.2023 wherein the claim of the similarly placed persons has been disposed of. He further submitted that the present writ petition also may be disposed of on the similar lines. 3.
The Government Advocate appearing for the respondents also submitted that he has no objection for this writ petition to be disposed of, by following the earlier directions issued in W.P.No.25673 of 2011. 4.
The relevant paragraphs of the above said order are extracted hereunder:- "5. Admittedly, the same relief has been rejected by this Court and confirmed by Hon'ble Division Bench. As on date, there is no interim order prohibiting the hearing of the present writ petition. This writ petition 4/7
is of the year 2011 and need not be kept unnecessarily pending. Therefore, this writ petition can be disposed of in terms of the order passed in the earlier writ petition but however, if any order is passed in favour of said P.R.Rengasamy and others, the respondents can always review the case of the petitioners and grant necessary relief upon the representation of the petitioners.
6. In view of the above, this Writ Petition is disposed of on the following terms :
(i) The prayer in the writ petition shall stand dismissed in terms of the judgment of this Court dated 19.08.2019 in W.A.No.1214 of 2014 etc.,;
(ii) In the event, SLP(C) D.No.12761 of 2020 is allowed and any relief is granted in favour of the petitioners therein i.e., P.R.Rengasamy and others, it is open for the writ petitioners to make a representation before the respondents and upon the receipt of the said representation along with the order of Hon'ble Supreme Court, it would be incumbent upon the respondents to reconsider the case of the petitioners in terms of the order of the Hon'ble Supreme Court."
5.
In view of the same, this Writ Petition is also disposed of, on the aforesaid terms.
6.
There shall be no order as to costs.
16.12.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 5/7
To 1.The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.
2.The Secretary, Government of Tamil Nadu, Finance Department.
Fort St.George, Chennai - 600 009.
3.The Director of School Education, College Road.
Chennai - 600 006.
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G.ARUL MURUGAN , J.
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