The State Of Tamil Nadu v. P.Rajalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi (G1) Department, Secretariat, Fort St.George, Chennai-600 009. ... First appellant in WA Nos.459 of 2016, 2944 of 2021 and 65 of 2022 2.The Director of Sericulture, 249, II Agraham, Salem-636002 ...Second appellant in WA No.2944 of 2021 3.The Director of Sericulture, Anaimedu, Salem-1. ...Second appellant in WA No.65 of 2022 1/7

4.The Assistant Director of Sericulture, Sericulture Department, Namakkal. ....Third appellant in WA No.459 of 2016 5.The Assistant Director of Sericulture, Meenakshinayakanpati Post, Palani road, Dindigul-2. ....Third appellant in WA No.2499 of 2021 6.The Assistant Director of Sericulture, Spl.Grade Office of the Assistant Director of Sericulture, Villupuram. ....Third appellant in WA No.65 of 2022.

versus

1. P.Rajalingam : Respondent in WA Nos.459 of 2016 2.K.Sekar 3.Naina Mohamed 4.K.Paulraj Respondents in WA No.2499 of 2021 5.J.Renganathan Respondent in WA No.65 of 2022.

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PRAYER in :

Writ Appeals filed against orders of the learned Single Judge in WP Nos.19461 of 2007, 22752 of 2015 and 16577 of 2011 respectively dated 28.07.2015, 11.12.2020 and 15.02.2021.

For Appellants : Mr.R.Neelakandan, Additional Advocate-General, assisted by Mr.P.Balathandayutham Special Government Pleader for first appellant in all WAs For the Respondents :In WA No.459 of 2016 Mr.S.Nedunchezhiyan for sole respondent In WA No.2499 of 2021 R1 and R2- Not ready in notice R3- No appearance In WA No.65 of 2022 Sole Respondent- Not ready notice reg COMMON JUDGMENT (Judgment of the Court was delivered by D.KRISHNAKUMAR, J.) The Writ Appeals are filed against the orders of the learned Single Judge in WP Nos.19461 of 2007, 22752 of 2015 and 16577 of 2011 respectively dated 28.07.2015, 11.12.2020 and 15.02.2021. 3/7

2. When the matter was taken up for hearing, learned Additional Advocate General appearing for the appellant has placed a communication letter dated 25.04.2024 sent to him by the Joint Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi (G1) Department, wherein it is stated as follows:

In the reference 2nd cited, the Director of Sericulture has informed that the Hon'ble High Court of Madras adjourned WA No.2944 of 2021 against WP No.19461 of 2007, WA No.459 of 2016 against WP No.22752 of 2015 and WA No.65 of 2022 against WP No.16577 of 2011, to 29.04.2024 and directed to file status report on the Hon'ble Division Bench of High Court of Madras Orders dated 27.08.2019 made in WA No.2782 of 2012 and batch cases. He has therefore requested to furnish the present stage of the orders of the Hon'ble Division Bench of High Court of Madras dated 27.08.2019 made in WA No.2782 of 2012 and batch cases, for filing the same before the Hon'ble High Court of Madras.

In this regard, I am to inform that the proposal for granting Selection grade/Special grade from the date of joining to the 209 Sericulture workers/petitioners as per Orders dated 27.08.2019 in WA Nos.2782 of 2012 and 28, 181 to 183, 1029, 1601, 1602, 1684 and 1956 of 2023, notionally and to grant revised pension through appropriate consideration of the Government and it will take some more time for issuing orders, since the clearance of advisory 4/7

Departments and orders in circulation has to be obtained in the matter.

Hence, the Additional Advocate GeneralVIII of Tamil Nadu is hereby requested to appraise the above position to the Hon'ble High Court and defend the cases on behalf of Government.

3. After placing the above communication before this Court, learned Additional Advocate General for the appellants made a request that necessary directions may be issued to the first appellant herein to dispose of the aforesaid proposal at the earliest within the time stipulated by this Court.

4. Taking into account the facts and circumstances of case, together with the submissions made by the learned Additional Advocate General, this Court, with the consent of both parties, is inclined to direct the first appellant to consider the said proposal submitted by the Director of Sericulture/third appellant in WA Nos.2944 of 2021 and 65 of 2022 and to take necessary decision, at the earliest in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. 5/7

5. With the above directions, the writ appeals stand disposed of. There shall be no order as to costs. Consequently, CMP No.19977 of 2021 is closed.

[D.K.K., J.] [K.B., J.] 29.04.2024 Index : Yes/No mrn 6/7

D.KRISHNAKUMAR, J.

and K.KUMARESH BABU, J.

(mrn) WA Nos.459 of 2016, 2944 of 2021 and 65 of 2022 29.04.2024 7/7