D.Seralathan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Seralathan
...Petitioner
Vs 1.The State of Tamil Nadu, Rep. by the Secretary to Government of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai - 600009.
2.The Commissioner, Directorate of Technical Education, Chennai - 600 025.
3.The Principal, Thiagarajar Polytechnic College, Salem.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to promote the petitioner in accordance to the directions of this Court made in W.P.No.848 of 2008 by the order dated 23.02.2010, to the post of Instructor with retrospective effect from 02.01.1995 and grant him the benefits of 1/4
seniority, pay fixation, subsequent promotions as and when due and pay him the arrears of monetary benefits within a stipulated period. For Petitioner : M/s.A.Arulmozhi For R1 & R2 : Mr.Jayaprakash, Government Advocate For R3 : No Appearance
ORDER
Heard M/s.A.Arulmozhi, learned counsel for the petitioner and Mr.Jayaprakash, learned Government Advocate appearing on behalf of the first and second respondents. There is no appearance on behalf of the third respondent.
2. By placing reliance on the order of this Court passed in W.P.No.848 of 2008, dated 23.02.2010, the petitioner herein seeks the benefit of the order for granting promotion to the post of Instructor with retrospective effect.
3. It is brought to the notice of this Court that order of this Court in W.P.No.848 of 2008 has been put on challenge before the Hon'ble Division Bench of this Court and is now pending before the Hon'ble Supreme Court of 2/4
India in S.L.P.No.17879 of 2014. While that being so, it would not be appropriate to parallelly adjudicate the matter which is subjudiced before the Hon'ble Supreme Court. However, if the petitioner is granted liberty to work out his remedies subject to the outcome of the Hon'ble Supreme Court's order, the ends of justice could be secured.
4. Since no effective orders can be passed in the present Writ Petition, the Writ Petition stands closed with liberty to the petitioner to file a fresh Writ Petition, subject to the final outcome of the decision to the taken by the Hon'ble Supreme Court in S.L.P.No.17879 of 2014. No costs. 10.10.2022 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Secretary to Government, Department of Higher Education, Fort St. George, Chennai - 600009.
2.The Commissioner, Directorate of Technical Education, Chennai - 600 025.
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M.S.RAMESH,J.
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