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Madras High CourtWP/20304/2021withdrawn dismissed

M.Kannan v. State Of Tamil Nadu

2021-09-23Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.20304 & 20307 of 2021 (Through Video Conferencing) M.Kannan ... Petitioner in both W.Ps Vs

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

2. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Villupuram District, Villupuram.

4. The Principal Accountant General (A&E) Tamil Nadu, O/o The Principal Accountant General, AG's Office Complex, 361, Anna Salai, Teynampet, Chennai - 600 018.

...Respondents in both W.Ps

Prayer in W.P.No.20304 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents to pass orders for granting of Selection Grade scale of pay to the petitioner in the post of Primary School Headmaster with effect from 01.06.1988 by counting the entire length of service in the post of Secondary Grade Teacher prior to 01.06.1988 apart from Special Grade scale of pay as granted with effect from 15.10.1991 as per the orders of 3rd respondent in Na.Ka.No.9583/Aa3/2011 dated 05.07.2018, in compliance with the orders of Government issued in G.O.Ms.No.216, School Education Department dated 30.12.2011 with payment of arrears of salary and retirement benefits, by considering the representation submitted by the petitioner.

Prayer in W.P.No.20307 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents to grant Special Grade Pay of Rs.1560039100+5700GP applied to the post of Primary School Head Master as per Government Letter No.14403/CMPC/2011-1 dated 06.01.2012 with effect from 01.01.2006 corresponding to Special Grade Pay granted to the petitioner with effect from 15.10.1991 as per the Proceedings of 3rd respondent in Na.Ka.No.9583/Aa3/2011 dated 05.07.2018 in rectification of pay anomaly with payment of arrears of salary and retirement benefits, by considering the representation submitted by the petitioner dated 06.01.2021. For Petitioner : Mr.G.Sankaran (in both W.Ps) For Respondent : Mr.L.S.M.Hasan Fizal (in both W.Ps) Government Advocate for R1 to R3 Mr.V.Vijay Shankar for R4 COMMON ORDER Mr.G.Sankaran, learned counsel for the Petitioner submits that he would like to withdraw these writ petitions. However, he seeks liberty to file a fresh writ petition.

2. Accordingly, these Writ Petitions are dismissed as withdrawn with liberty to file a fresh writ petition. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar jas To

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

2. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Villupuram District, Villupuram.

4. The Principal Accountant General (A&E) Tamil Nadu, O/o The Principal Accountant General, AG's Office Complex, 361, Anna Salai, Teynampet, Chennai - 600 018.

+1CC to Mr.G.Sankaran, Advocate, Sr.No.49634 +1CC to Mr.Government Pleader, Sr.No.49462 W.P.Nos.20304 & 20307 of 2021 PCH (CO) K.RK. (18.10.2021)