The District Elementary v. G. Sabhapathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.04.2018 Coram THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.A.No.49 of 2018 and C.M.P.No.337 of 2018

1. The District Elementary Educational Officer, Namakkal, Namakkal District.

2. The District Treasury Officer, Namakkal, Namakkal District ... Appellants/Respondents Vs.

G.Sabhapathy .... Respondent/Petitioner This Writ Appeal is filed under clause 15 of the Letters Patent against the order dated 26.11.2012 made in W.P.No.29344 of 2012 on the file of this Court.

WP.29344 OF 2012:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Directing the respondents to implement the ordinary Selection and Special Grade Scale of Pay as indicated in Schedule-II of the Tamil Nadu Revised Scales of Pay Rules 1998 at Rs.4000-6000 Rs.5000-8000 and Rs.5500-9000 respectively to the petitioners Drivers from 01.01.1996 with all consequential monetary benefits and to revise his pensionary benefits and pay all arrears within a stipulated time period.

For Appellants : Mr.K.Karthikeyan, G.A.

For Respondent : Mr.Ali Hassan Khan for M/s.M.Ravi

JUDGMENT

(Judgment of the Court was delivered by K.K.SASIDHARAN.J.) The Writ Petition filed by the respondent in W.P.No.29344 of 2012 was allowed by the learned single Judge by order dated 26.11.2012 along with batch of cases. The learned single Judge directed the appellants to grant the special pay to https://hcservices.ecourts.gov.in/hcservices/

the drivers as per order in G.O.Ms.No.162 Finance (Pay Cell) Department dated 13.4.1998. The said order is under challenge in this intra Court appeal.

2. The learned Government Advocate by placing reliance on the written instructions given by the District Elementary Educational Officer has submitted that the appellants have already complied with the order of the learned single Judge and as such nothing survives for adjudication.

3. Since the appellants have already complied with the directions given by the learned single Judge in the order dated 26.11.2012 in W.P.No.29344 of 2012, nothing survives for adjudication in the present appeal.

4. The intra Court appeal is dismissed as infructuous on account of subsequent events. No costs. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar sl TO

1. The District Elementary Educational Officer, Namakkal, Namakkal District.

2. The District Treasury Officer, Namakkal, Namakkal District.

+1cc to Mr.M.Ravi, Advocate SR.No.29001 +1cc to Government Pleader SR.No.28888 W.A.No.49 of 2018 and C.M.P.No.337 of 2018 SG(CO) GN(09/05/2018) https://hcservices.ecourts.gov.in/hcservices/