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Madras High CourtWP/17478/2007dismissed

M/S.B.Vijayaraghavan, v. The Secretary To Govt.,

2015-02-27Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.17478 & 17479 of 2007 (O.A.Nos.1822 & 1823 of 2003) B.Vijayaraghavan

...Petitioner in W.P.No.17478 of 2007

S.Namasivayam

...Petitioner in W.P.No.17479 of 2007

-vs1. The Secretary to Government Health and Family Welfare Department Chennai 600 009

2. The Director of Medical and Rural Health Services Chennai 600 006

...Respondents in both the writ petitions

W.P.No.17478 of 2007 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents to promote the petitioner to the post of Chief Pharmacist / Medical Store Keeper from July, 1983, the date on which his juniors Thiru.C.S.Raman and others were promoted, regulate his pay from that date to the date of his retirement and pay the arrears and consequently to revise his retirement benefits with entitlement to draw the arrears of such retirement benefits from the date of his retirement i.e. on 30.09.1991 AN and thus restore the privileges that have been deprived to him for all these years. W.P.No.17479 of 2007 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents to promote the petitioner to the post of Chief Pharmacist / Medical Store Keeper from July, 1983, the date on which his juniors were promoted, regulate his pay from that date to

the date of his retirement and pay the arrears and consequently to revise his retirement benefits with entitlement to draw the arrears of such retirement benefits from the date of his retirement i.e. on 31.07.1989 and thus restore the privileges that have been deprived to him for all these years.

For Petitioners :

Mr.G.Elanchezhiyan For Respondents :

Mr.R.Govindasamy Additional Government Pleader

ORDER

The petitioners filed O.A.Nos.1822 and 1823 of 2003 before the Tamil Nadu Administrative Tribunal, Chennai seeking a direction to promote them to the post of Chief Pharmacist / Medical Store Keeper from July, 1983, the date on which their juniors were promoted with a consequential direction to revise their retirement benefits. Subsequently, the matters came on transfer and renumbered as W.P.Nos.17478 and 17479 of 2007.

2. When the matters were taken up, Mr.G.Elanchezhiyan, learned counsel for the petitioners submitted that he had no instructions to proceed with the matters.

3. Recording the above submission, both the writ petitions are dismissed for no instructions. Consequently, M.P.Nos.1 of 2008 are also dismissed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ss To

1. The Secretary to Government Health and Family Welfare Department Fort St.George Chennai 600 009

2. The Director of Medical and Rural Health Services Chennai 600 006 2 CCs to Mr.G.Elanchezhiyan, Advocate SR.No. 11232 1 CC to the Government Pleader, SR.No. 11254 W.P.Nos.17478 & 17479 of 2007 (O.A.Nos.1822 & 1823 of 2003) KJI (CO) PSI (12.03.2015)