M.Ariyanayagam, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.Nos.6499 and 6500 of 2014 and M.P.No.2 of 2014 ---- M.Ariyanayagam ..Petitioner in both WPs Vs 1.The State of Tamil Nadu Rep. by Secretary to Government Department of Finance Fort.St.George Chennai-600 009 2.The State of Tamil Nadu Rep. by Secretary to Government Department of Education Fort. St.George Chennai-600 009 3.The Principal Accountant General (A&E) Audit Section No.361, Anna Salai, Teynampet Chennai-600 018 4.Director of School Education DPI Complex College Road Chennai - 600 006 5.Joint Director of School Education (Vocational) Office of Director of School Education DPI Complex College Road Chennai-600 006 ..Respondents in both WPs.

Prayer in W.P.6499/2014:- This Writ Petition is filed, under Article 226 of Constitution of India, to issue a writ of Declaration declaring G.O.Ms.No.263 Finance (Pay Cell) Department of the 1st respondent herein dated 22.07.2013 as arbitrary and violative of Article 14 of the Constitution in so far as it gives monetary benefit for Vocational Instructors in the revised scale of pay w.e.f.01.04.2013 and consequently direct the respondents to give revision of

scale of pay for the vocations instructors including the petitioner with notional effect from 01.01.2006 for the purpose of fixation of pay in the revised scale of pay with monetary benefit from 01.01.2011 for grade pay and fix the salary and consequential pension on the said basis for the Petitioner.

Prayer in W.P.6500/2014:- This Writ Petition is filed, under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records of the Principal Accountant General, the 3rd respondent herein having Ref.No.P17/11709264/I/R1709264/388 dated 16.09.2013 and quash the same as arbitrary and violative of Article 14 in so far as the grade pay of the Petitioner has been revised from Rs.5400 to 4800 and direct the respondents to calculate the salary and sanction pension to the Petitioner on the basis of Grade Pay of Rs.5400 from the date of retirement.

For Petitioner : Ms.C.Uma For Respondents : Mr.P.Siva Shanmuga Sundaram Spl.G.P., for R1 Mr.V.Vijay Shankar for R3 Ms.P.Kavitha Government Advocate for R2, R4 and R5 COMMON ORDER When the matter is taken up for hearing, it is submitted by the learned counsel for the Petitioner as well as counsel for third respondent that the claim of the Petitioner has already been settled. He has also produced copy of the settlement dated 08.02.2019, which has been sent by Registered Post to the Petitioner.

2. In view of the above submission, the prayer sought for in the Writ Petitions does not survive and accordingly, the Writ Petitions are closed. No costs. Consequently, connected MP is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nvsri

To 1.The Secretary to Government Department of Finance, Fort.St.George Chennai-600 009.

2.The Secretary to Government, Department of Education Fort. St.George, Chennai-600 009 3.The Principal Accountant General (A&E) Audit Section, No.361, Anna Salai, Teynampet Chennai-600 018 4.Director of School Education DPI Complex College Road Chennai - 600 006 5.Joint Director of School Education (Vocational) Office of Director of School Education DPI Complex College Road Chennai-600 006 +1cc to Ms.C.Uma , Advocate SR.No. 48433 +1cc to Mr. V.Vijay Shankar, Advocate SR.No. 49212 W.P.Nos.6499 and 6500 of 2014 A.SK(26/07/2019) A.SK(20/08/2019)