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Madras High CourtWP/19937/2021dismissed

C.Elumalai v. The State Of Tamil Nadu

2024-08-12Honourable Mr.Justice Vivek Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH W.P.No.19937 of 2021 C.Elumalai ... Petitioner Vs.

1.The State of Tamilnadu represented by its Secretary to Government, School Education Department, Fort St George, Chennai 600 009.

2.The Directorate of Public Libraries, Annasalai Chennai 600 002.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to give notional promotion to the petitioner to the post of Grade I Librarian with effect from 22.07.1998 in the light of the Judgment rendered by this Court in W.P.No.18707 of 2007 and a batch of cases dated 08.04.2009 confirmed in W.A.No.1173 of 2010 and a batch of cases dated 20.09.2010 which was confirmed by the Hon'ble Supreme Court in Civil Appeal Nos.1104-1107 of 2015 and Civil Appeal No.1108 of 2015 dated 21.01.2015 and consequently revise his pension and grant him all consequential benefits. For Petitioner : Mr.S.Selvathirumurugan Page No.1 of 4

For Respondents : Mr.S.Prabhakaran Government Advocate

ORDER

When the matter is taken up for hearing, the learned Government Advocate appearing on behalf of the respondents submitted that a similar case in W.P.No.10742 of 2015 filed by N.Balasubramanian and others has been dismissed by the Madurai Bench of this Court, in its order dated 04.01.2022 on the ground that notional promotion with retrospective effect has been given and revised pensionary benefits have also been sanctioned to the retired employees including the petitioner.

2.The issue raised in this writ petition has already been settled in W.P.No.10742 of 2014 and there is no necessity to pass any orders in this writ petition and hence, the prayer sought for in this petition has become infructuous.

Page No.2 of 4

3. Therefore, this Writ Petition is dismissed as infructuous. No costs. 12.08.2024 Index :

Yes/No Speaking Order :

Yes/No vkr To:

1.The Secretary to Government, School Education Department, Fort St George, Chennai 600 009.

2.The Directorate of Public Libraries, Annasalai Chennai 600 002.

VIVEK KUMAR SINGH,J.

Page No.3 of 4

vkr W.P.No.19937 of 2021 12.08.2024 Page No.4 of 4