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Madras High CourtWP/6097/2014disposed of

S.Palanimuthu, v. The State Of Tamil Nadu,

2022-06-13Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.6097 OF 2014 AND M.P.NO.2 OF 2014

1. S.Palanimuthu

2. C.Palaniammal

3. N.R.Ramaswamy ... Petitioners .Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education M-1 Department, Fort St.George, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

... Respondents PRAYER:- Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, Calling for the records of the letter having Ref.No.39631/M1/2011 dated 04.7.2011 issued by the 1st Respondent and quash the same and consequently direct the respondents to fix the special grade pay at Rs.2000-3200 with effect from 01.06.1988 as per G.O.Ms.No.304 dated 28.03.1990 and G.O.Ms.No.216 dated 22.03.1993 issued by the Finance (Pay Commission) Department for the petitioners and pay the pension and compute the arrears of salary payable to the Petitioners correspondingly.

For Petitioners : M/s.C.Uma For Respondents : Mr.M.Bindran Additional Government Pleader

ORDER

The petitioners claim the benefit in terms of the Government order issued in G.O.Ms.No.216 dated 22.03.1993.

2. The Hon'ble Full Bench of this Court has delivered a judgment on 09.12.2016, holding that the benefits as per the said Government order shall be extended to the parties, who are before this Court alone and no fresh writ petition would be entertained on and from 09.12.2016.

3. However, the present writ petition has been filed in the year 2014 and therefore, the case of the writ petitioners is to be considered with reference to the judgment of the Hon'ble Full Bench of this Court on 09.12.2016 in Review Application No.227 of 2015 in W.A.No.352 of 2014.

4. The respondents are thus directed to consider the case of the writ petitioners and with reference to the judgment and considering the eligibility of the writ petitioner for the said benefit.

5. With this direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kak To 1.

The Principal Secretary to Government, The State of Tamil Nadu, School Education M-1 Department, Fort St.George, Chennai - 600 009.

2.

The Director of School Education, College Road, Chennai - 600 006.

+1cc to M/s.C.Uma, Advocate, S.R.No.35137 +1cc to the Government Pleader, S.R.No.34873 W.P.NO.6097 OF 2014 GSM(CO) PBS/20/06/2022