J.Krishnakumar v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2020
CORAM
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.No.8311 of 2020 and W.M.P.Nos.9966 and 9967 of 2020 J.Krishnakumar .. Petitioner Vs.
1.The State of Tamil Nadu, Rep.by its Chief Secretary to Government, Personnel and Administrative Reforms (S) Department, Fort St.George, Chennai - 600 009.
2.The Chief Secretary to Government, Personnel and Administrative Reforms (S) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
3.The Chief Educational Officer, Villupuram District, Villupuram - 605 602.
4.The Block Education Officer, Vallam Block, Gingee Educational District, Villupuram District - 604 206.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Certiorarified Mandamus, calling for the records of the letter No.11308/S/20201 dated 14.05.2020 issued by the 2nd respondent and quash the same insofar as the said letter states that the G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department, dated 07.05.2020 of the 1st respondent is not applicable to those teaching staff such as Teachers, Lecturers, Professors etc who have already retired prior to May, 2020 and consequently issue a direction directing the respondents to extend the benefit of G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department dated 07.05.2020 passed by the 1st respondent to the petitioner and permit the petitioner to continue to function as
Middle School Headmaster in the Panchayat Union Middle School, Arugavur and Post, Gingee Taluk, Villupuram District till 31.05.2021.
For Petitioner : Ms.C.Uma For Respondents : Mr.Vijay Narayan, Advocate General Assisted by Mr.N.Inbanathan Additional Government Pleader for R1 Mr.Vijay Narayan, Advocate General Assisted by Mr.E.Manokaran Spl. Govt. Pleader for Higher Education Mr. Arvind Pandian, Additional Advocate General Assisted by Mr.C.Munusamy, Special Govt. Pleader for Education
ORDER
This matter is taken up for hearing through VideoConferencing.
2. This Writ Petition has been filed by the petitioner/Teacher, who had attained the superannuation on 20.04.2020 contending that he is also entitled to the benefits of G.O.Ms.No.51 dated 07.05.2020 he seeks issuance of a writ of mandamus as aforesaid. It is not in dispute that the petitioner had attained the age of superannuation prior to the cut off date and has been re-employed in terms of G.O.249 dated 09.02.1959 till the end of the academic year i.e. up to 31-05-2020.
3. In similar Writ Petitions, viz. WP No.6442 of 2020 batch, the Madurai Bench of this Court, after exhaustive consideration of the law on the entitlement of the similarly placed persons to the benefits of the said Government Order, has held that they are not entitled to benefits of G.O.Ms.51 dated 07.05.2020. As a result, all the Writ Petitions have been dismissed. The order of the Hon'ble Mr.Justice C.V.Karthikeyan, has also been made available.
4. In view of the same, I do not see any reason to entertain this Writ Petition. The Writ Petition is accordingly dismissed.
5. The directions issued by the Madurai Bench of Madras High Court, with reference to payment of retirement benefits shall also apply to the petitioner herein. No costs. Consequently,
the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jv To 1.The Chief Secretary to Government, State of Tamil Nadu, Personnel and Administrative Reforms (S) Department, Fort St.George, Chennai - 600 009.
2.The Chief Secretary to Government, Personnel and Administrative Reforms (S) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
3.The Chief Educational Officer, Villupuram District, Villupuram - 605 602.
4.The Block Education Officer, Vallam Block, Gingee Educational District, Villupuram District - 604 206.
W.P.No.8311 of 2020 and W.M.P.No.9966 and 9967 of 2020 MG(CO) KKV/23/07/2020