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Madras High CourtWA/2170/2018allowed

The Principal Chief v. A.Ramachandran,

2021-10-20Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN W.A.No. 2170 of 2018 and C.M.P. No 16814 of 2018

1. The Principal Chief Conservator of Forests Panagal Building, Saidapet, Chennai 15.

2. The District Forest Officer, Cuddalore Division, Cuddalore District.

...Appellants Vs.

A. Ramachandran S/o. Appadurai Jeep Driver (Selection Gr.) O/o. District Forest Officer, 162 Nellikuppam Main Road, Chemmandalam, Cuddalore.

...Respondent

Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set aside the order dated 10.11.2010 passed in W.P.No. 25344 of 2010 and allow the Writ Appeal.

Prayer in W.P.No. 25344 of 2010:Filed under Article 226 of Constitution of India seeking a writ of Mandamus directing the respondents to Fix/refix the Selection Grade Scale of Pay in implementation of Para 4(1) of the Tamil Nadu Revised Scales of Pay Rules 1998 at Rs.5,000-150-8000 as indicated in Schedule II to the said Rules introduced as per G.O.Ms.No.162 Finance (Paycell) dated 13.04.1998 with effect from 01.01.1996 to the petitioner Drivers and to pay all arrears within a stipulated time period.

For Appellants : Mr.K.V.Sajeev Kumar Government Counsel For Respondent : No appearance

J U D G M E N T

(Judgment of the Court was delivered by S.VAIDYANATHAN,J) This Writ Appeal is filed against the order passed in W.P.No. 25344 of 2010, dated 10.11.2010, in allowing the Writ Petition filed by the Respondent herein.

2. When the matter is taken up for hearing , it is represented by the learned Government counsel appearing for the Appellant that the batch of Writ Appeals have been preferred by the Appellants,with regard to the similar issue against the order of the learned Single Judge dated 09.06.2011, which came to be allowed on 08.07.2015 and the Writ Petitioner is also similarly placed.

3. Despite the Respondent being served and his printed in the cause list, there is no representation for the Respondent.

4. When the order of the learned Single Judge dated 09.06.2011, passed in similar circumstances has been withheld by the Division Bench, this Court is of the view that no relief could be granted the Respondent/Writ petitioner herein.

5. In such view of the matter, having gone through the Judgment passed by the Division Bench on 08.07.2015 in W.A.Nos.1398 of 2013 etc., batch, we find no reason to take different view in this matter. Hence, this Writ Appeal stands allowed in terms of W.A.Nos.1398 of 2013 etc.,batch dated 08.07.2015. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar arr/shk

To

1. The Principal Chief Conservator of Forests Panagal Building, Saidapet, Chennai 15.

2. The District Forest Officer, Cuddalore Division, Cuddalore District.

W.A.No. 2170 of 2018 EV[co] NSK 29/11/2021