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Madras High CourtWP/29516/2014disposed of

S.Hemalatha v. Government Of Tamilnadu

2022-07-01Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.29516 of 2014 S.Hemalatha

...Petitioner

Vs

1. Government of Tamil Nadu, Rep. by Secretary to Government, Labour and Employment Department, Secretariat, Chennai - 600 009.

2. The Director of Employment and Training, Guindy, Chennai - 600 032.

3. The Deputy Director/Principal, Government Industrial Training Institute, Salem - 636 007.

4. The Principal Accountant General (A.&E.), Tamil Nadu, Chennai - 600 018.

...Respondents

PRAYER: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to all appropriate address to the following effect: (i) Regularisation of period of suspension as duty period for all purposes for the period from 23.12.2005 to 03.05.2006 and from 23.03.2012 to 31.03.2012, (ii) Orders including the name of the petitioner's husband in the appropriate place in the panel for promotion to the post of Principal for the year 2006-07, as issued in Government Letter No.24647/P1/2008-5, Labour & Employment Department dated 29.04.2010 and consequential order of promotion as Principal with retrospective effect from the date of promotion of his immediate junior, (iii) Sanction of periodical annual increments due from 01.07.2006 to 01.07.

2011 with consequential revision on account of his notional promotion as mentioned in (ii) above, (iv) All Retirement Benefit, Pensionary Benefits, including surrender earned leave, Gratuity cumulative pension, family benefit fund, etc and (v) Family pension with effect from 03.12.2003 and to grant all consequential monetary benefits with interest at 12& per annum to the petitioner herein.

For Petitioner : Mr.I.Kabilan for Mr.M.Ravi For R1 to R3 : Mr.A.M.Ayyadurai Government Advocate For R4 : Mr.V.Murali

ORDER

The learned counsel appearing for the fourth respondent / The Principal Accountant General, Tamil Nadu, made a submission that the arrears of pension and other dues, due to the petitioner, has already been settled by the fourth respondent on 03.01.2017 under PPO No. D3315538.

2.In view of the fact that all the terminal benefits are settled in favour of the petitioner, no further adjudication is required in respect of the grounds raised in the writ petition. 3.However, the learned counsel for the petitioner made a submission that the promotion due is to be considered. In this regard, the petitioner is at liberty to approach the competent authority for the purpose of redressal of the same. 4.Accordingly, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar hvk To

1. The Secretary to Government, Government of Tamil Nadu, Labour and Employment Department, Secretariat, Chennai - 600 009.

2. The Director of Employment and Training, Guindy, Chennai - 600 032.

3. The Deputy Director/Principal, Government Industrial Training Institute, Salem - 636 007.

4. The Principal Accountant General (A.&E.), Tamil Nadu, Chennai - 600 018.

+1cc to the Government Pleader, S.R.No.42547 W.P.No.29516 of 2014 RSI(CO) RGA(21/07/2022)