N.Namasivayam v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P.No.1 of 2010 N.Namasivayam ... Petitioner Vs.

1.Secretary to Government, Home (S.C) Department, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2.The Director of Fire & Rescue Services, Egmore, Chennai - 600 008.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to pay the arrears of salary due to the petitioner as directed to be paid by the orders of this Court dated 29.08.2007 made in W.P.No.13310 of 2005 and also for the period between 08.01.2008 to 22.01.2008 when the petitioner has actually worked under them.

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For Petitioner : Mr.S.Kanniah For Respondents : Mr.G.Nanmaran Special Government Pleader

ORDER

This Writ Petition ought to have been disposed of along with W.P.Nos.25362 and 30766 of 2013 vide its Order dated 30.08.2019. In the aforesaid Writ Petitions, the petitioner had challenged the punishment order issued by the 2nd respondent dismissing the petitioner from service.

2. In the present writ petition, the petitioner has prayed for service benefits. This Court had earlier granted the relief sought for in the Writ Petition in W.P.Nos.25362 and 30766 of 2013 vide its Order dated 30.08.2019. Aggrieved by the order dated 30.08.2019 of this Court, the Respondents herein filed an appeal before the Division Bench of this Court in W.A.Nos.2103 and 2106 of 2021.

3. By an Order dated 19.08.2024, the aforesaid Writ Appeal was allowed. As a result of which, the order of the Writ Court dated 30.08.2019 in W.P.Nos.25362 and 30766 of 2013 were set aside. Aggrieved by the Order dated 19.08.2024, the petitioner preferred the Special Leave Petition before the 2/5

Hon'ble Supreme Court pursuing the Appellate remedy.

4. Since the relief sought for in this writ petition depends on the final outcome of the order to be passed by the Hon'ble Supreme Court in the case filed challenging the order dated 19.08.2024 in W.A.Nos.2103 and 2106 of 2021, I deem it fit that the present Writ Petition can be closed for the present.

5. In view thereof, this Writ Petition stands closed. Liberty is given to the petitioner to work out his remedy subject to the final outcome of the decision of the Hon'ble Supreme Court. No costs. Consequently, connected Miscellaneous Petition is closed.

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1.The Secretary to Government, Home (S.C) Department, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2.The Director of Fire & Rescue Services, Egmore, Chennai - 600 008.

C.SARAVANAN, J.

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