Madras High CourtWP/26477/2010dismissed

S.Subramanian v. The Government Of Tamilnadu

2024-01-02Honourable Mr Justice G. Chandrasekharan12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.No.26477 of 2010 and W.P.No.11378 of 2011 1.S.Subramanian

2. S.C.Mallusamy 3.M.Ayyanar 4.V.V.Rajan 5.T.Nagarajan 6.V.Rajaraman 7.S.James Albert Paul 8.A.David 9.C.Shanmugham 10.P.Chinnaiyan 11.A.Ramasamy 12.S.Palanichamy

13.V.Vellaisamy 14.K.Duraisingam 15.N.Thillainayagam 16.V.Alagirisamy 17.S.Rangaswamy 18.M.Jayapaul 19.M.Chinniah 20.J.Kamaraj 21.R.Pandian 22.J.Sakthivel 23.A.Jayashree 24.R.Bagyam 25.S.Pandian 26.K.Rangachari 27.D.Gnanaraj

28. S.Murugesan 29.Mercelene Florence 30.M.Ramachandran 31.C.Anantharaj

32. A.Thirugnanam

33. M.Liakat Ali 34.S.Kannan 35.A.S.Prakasam 36.S.Parvathy 37.V.Arappalli

38. P.T.Ponnuraj 39.K.Subbaian 40.S.Kumarasamy 41.N.Gunasekaran 42.N.Ramachandran 43.L.Kanchanamala 44.S.Chandra 45.L.Shyamala Mani 46.P.Vijayam 47.M.Thevamani 48.N.Dhanalakshmi ....Petitioners in W.P.No.26477 of 2010

1. N.Sarangan

2. R.Neelamegam

3. S.Sivanseyal

4. M.Rathinsabapathy

5. C.Kalliyaperumal

6. A.Shanmugam

7. M.Abdul Hadhi 8.R.Girija

9. S.Mariadoss 10.A.Panneerselvam 11.C.Rajendran

12. K.Ettiagoundar

13. K.Pandurangan 14.P.Aravamudhan 15.P.Pichamuthu 16.B.Ramalingam

17. K.Chinnasamy 18.D.Alavandar

19. K.N.Narayanasamy

20. V.Elangovan

21. G.Surendran

22. N.Mahadevan 23.G.Natarajan 24.S.Muthukumaran 25.S.Dhanapalan 26.S.Thirunavukkarasu

27. M.D.Rajarathinam 28.G.Ramanujam 29.N.Ramalingam 30.M.Jayaraman 31.S.Krishanmurthi 32.R.sSenthamaraikannan 33.R.Ramadoss 34.V.Amirthavalli 35.M.Thambiraj 36.R.Paramasivam 37.D.Pandurangan

38.V.Paramasivam

39. M.Ranganathan

40. P.Arasappan 41.M.Rajamanickam 42.S.Ramasamy 43.K.O.S.Bahurdeen 44.R.Dhanalakshmi 45.V.Chidambaram 46.S.Kamala 47.S.Periyayal 48.R.Thirupurasundari 49.K.Kasthori 50.P.Boopathy ....Petitioners in W.P.No.11378 of 2011 Vs

1. The Government of Tamil Nadu Represented by Secretary to the Government, School Education Department, Fort St. George, Chennai - 600 009.

2. The Government of Tamil Nadu, Represented by its Secretary, Finance Department, Fort St. George, Chennai - 600 009.

3. The Director of School Education, College Road, Chennai - 600 006. .... Respondents in both W.Ps COMMON PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the first and third respondent 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 the 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 of "A" wing teachers and to grant arrears of pay and pension. For Petitioners : Mr.R.Saseetharan For Respondents : Mr.K.Thippu Sulthan Government Advocate (Crl.Side)

C O M M O N O R D E R The Writ Petitions have been filed to issue a Writ of Certiorarified Mandamus challenging a letter dated 21.01.2010 bearing reference No.25103/A1/09-2 and proceedings dated 25.02.2010 bearing reference Na.Ka.No.82853/C1/C2/09 respectively passed by the first and third respondents 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 in the case "A" wing teachers and to grant arrears of pay and pension.

2. The learned counsel for the petitioners submitted that, in a similar writ petition filed by similarly placed employees in W.P.No.25673 of 2011, this Court on 27.11.2023, taking note of the fact that similar Writ Petitions filed by similarly placed employees were dismissed and Writ Appeals in W.A.No.1214 of 2014 etc., were also dismissed and the aggrieved parties ie., similarly place employees have filed SLP(C)D.No.12761 of 2020 before the Hon'ble Supreme Court of India and when that matter is pending, considering the dismissal of Writ Petition, Writ Appeals and pendency of SLP, this Court has passed the following order:

"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 ie., 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." The learned counsel for the petitioners seeks this Court to pass similar order.

3. Taking note of the fact that, the Writ Petitions and Writ Appeals filed for similar relief were dismissed and that against the dismissal of Writ Appeal, SLP(C)D.No.12761 of 2020 is pending before the Hon'ble Supreme Court of India, this Court passes the following order:

(i) The prayer in the writ petitions shall stand dismissed in terms of the judgment of this Court dated 19.08.2019 in W.A.No.1214 of 2014 etc.,:

02.01.2024 Index :Yes/No Internet:Yes/No Sma

1. The Government of Tamil Nadu Represented by Secretary to the Government, School Education Department, Fort St. George, Chennai - 600 009.

2. The Government of Tamil Nadu, Represented by its Secretary, Finance Department, Fort St. George, Chennai - 600 009.

3. The Director of School Education, College Road, Chennai - 600 006.

G.CHANDRASEKHARAN, J Sma 02.01.2024