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Madras High CourtWP/14631/2024allowed

S.Kalaimathi, v. The Joint Commissioner (St),

2024-07-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.15898 & 15899 of 2024 S.Kalaimathi ... Petitioner Vs.

1. The Joint Commissioner (ST), Salem Division, Salem.

2. The Assistant Commissioner (ST), Thiruchencode (Rural) Assessment Circle, Thiruchencode, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the first respondent in br/K/e/f/5242-2018m2?12 dated 10.12.2019 and consequential impugned order of the second respondent in e/f/vz;/713-2022-M2 dated 26.06.2023 and quash the both as illegal and unlawful.

For Petitioner : Mr.J.Pooventherarajan For Respondents : Mr.S.Arumugam Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 10.12.2019 and consequential order passed by the second respondent dated 26.06.2023, thereby cancelling the special grade pay granted to the petitioner and also ordered to recover excess payment.

2.

Heard the learned counsel appearing on either side and perused the material placed before this Court. 3.

The issue involved in this writ petition had already been dealt with by this Court in a batch of writ petition in W.P.No.1122 of 2020 etc., batch and this Court by an order dated 23.11.2023, allowed all the writ petitions. In light of the above order passed by this Court dated 23.11.2023, the impugned orders cannot be sustained and are liable to be quashed.

4.

Accordingly, the impugned order impugned order dated 10.12.2019 passed by the first respondent in br/K/e/f/5242-2018-

m2?12 and consequential impugned order dated 26.06.2023, passed by the second respondent in e/f/vz;/713-2022-M2, are hereby quashed and the Writ Petition stands allowed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs. 22.07.2024 Index : Yes/No Speaking/Non Speaking order rts To

1. The Joint Commissioner (ST), Salem Division, Salem.

2. The Assistant Commissioner (ST), Thiruchencode (Rural) Assessment Circle, Thiruchencode, Namakkal District.

G.K.ILANTHIRAIYAN. J, rts W.P.No.14631 of 2024 and W.M.P.Nos.15898 & 15899 of 2024 22.07.2024