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Madras High CourtWA/2741/2021dismissed

The Govt Of Tamilnadu v. P.Deepavali

2021-10-27Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice R.Vijayakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.No.2741 of 2021 and C.M.P.No.17992 of 2021

1. The Government of Tamil Nadu Rep. by its Secretary Social Welfare Department Fort St. George, Chennai- 600 009.

2. The Director Social Welfare Department PWD Complex, Chepauk, Chennai- 600 005.

3. The Commissioner Integrated Child Development Scheme Tharamani, Chennai- 600 113.

4. The Programme Officer (ICDS) 19A, Ramathas Naidu Street, Puthupalayam, Cuddalore- 606 001.

...Appellants/Respondents ..Vs..

1. P.Deepavali

2. G.Ganesan

3. T.Palani

4. P.Ganagasalam

...Respondents/Petitioners

Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 07.12.2018 made in W.P.No.23315 of 2011.

Prayer in W.P.No.23315 of 2011:

Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the 1st and 2nd respondent to issue a Government order on par with G.O.Ms.No.86 dated 14.08.2003 as directed by this Court by order dated 08.12.2009 in W.P.No.8415

of 2009 and the order dated 30.06.2010 in W.P.No.5325 of 2010 by accepting option letter dated 17.07.2007, 25.07.2007 & 23.07.2007 and to counter services rendered in the erstwhile TACEL towards pension and all other terminal benefits and all other consequential benefits arising thereof. For Appellants : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.K.V.Sajeev Kumar Government Advocate

J U D G M E N T

(The Judgement of the Court was delivered by S.VAIDYANATHAN,J) This Writ Appeal is directed against the order of the learned Single Judge dated 07.12.2018 made in W.P.No.23315 of 2011, in directing the Appellants 1 and 2, to consider the services of the Petitioners in the erstwhile TACEL and pass necessary orders in accordance with law.

2. Heard the learned Additional Advocate General appearing for the Appellants. Perused the records.

3. From the records, it is seen that in compliance to the order passed by the learned Single Judge, which is impugned in this Writ Appeal, the Commissioner of Social Welfare has passed the orders dated 05.01.2021, rejecting the request of the Respondents/Writ Petitioners to count their service in TACL for regular pension.

4. Since the order passed by the learned Single Judge has already been complied with, ofcourse rejecting the request of the Respondents/Writ Petitioners, no further orders are required in this Writ Appeal.

5. In view of the same, this Writ Appeal is dismissed. However, it is open to the Respondents/Writ Petitioners to challenge the rejection orders, in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

arr/shk To

1. The Secretary, Government of Tamil Nadu, Social Welfare Department, Fort St.George, Chennai - 600 009.

2. The Director, Social Welfare Department, PWD Complex, Chepauk, Chennai - 600 005.

3. The Commissioner, Integrated Child Development Scheme, Tharamani, Chennai - 600 113.

4. The Programme Officer (ICDS), 19A, Ramathas Naidu Street, Puthupalayam, Cuddalore - 606 001.

W.A.No.2741 of 2021 MG[co] NSK 25/11/2021