Tamil Nadu Highways Department v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.09.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.6306/2017 & WMP.No.6798/2017 Tamil Nadu Highways Department Road Inspectors [ITI] Association 72, Suba Nivas, Perilovenpatti Ettayapuram Taluk, Tuticorin District 628 902 rep.by its State General Secretary ... Petitioner

Versus

1 The State of Tamil Nadu Rep. by its Secretary to Govt. Finance (C.M.P.C) Department Fort St. George Secretariat Chennai 600 009 2 Chief Secretary to Government Highways & Minor Port Department Secretariat Chennai 9 3 Director General Highways Department Guindy Chennai 25 4 The Divisional Engineer Highways Department (C&M) Vellore Division Vellore 632 014.

... Respondents

Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records in impugned memo in order No. 13287/Administration 4(3)/ 2016 dated 20.10.2016 issued by the 3rd respondent and the consequential order in Che.Mu.Ka.No. 219/216/Aa3 dated 05.01.2017 issued by the 4th respondent and quash them and direct the respondents to continue the payment of the Revised Scale of Pay of Rs. 5 200-20 200+ 2 400 (Grade Pay) as per G.O.Ms.No. 325 Finance (Pay Cell) Department Dated 22.07.2013 to all members of the petitioner Association. For Petitioner :

Mr.B.Soundarapandiyan For Respondents :

Mr.S.Ravikumar, Spl.GP

ORDER

(1) The writ petitioner had simultaneously filed WP [MD] No.15812/2015 before the Madurai Bench of Madras High Court and by an order dated 08.07.2019, a learned Single Judge had observed that the relief sought, had been granted to the petitioner and therefore, closed the said writ petition.

(2) Even after that, the petitioner has kept the present writ petition pending on the file of this Court. The petitioner had been granted the relief. In all fairness, the petitioner should have informed that particular fact.

(3) This writ petition is therefore dismissed with costs of Rs.10,000/- [Rupees Ten Thousand only] payable by the petitioner to the Tamil Nadu State Legal Services Authority, Chennai. The costs should be paid within a period of three week from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

13.09.2023 AP Internet : Yes To 1 The Secretary to Govt., State of Tamil Nadu , Finance (C.M.P.C) Department Fort St. George Secretariat Chennai 600 009 2 Chief Secretary to Government Highways & Minor Port Department Secretariat Chennai 9 3 Director General Highways Department Guindy Chennai 25 4 The Divisional Engineer Highways Department (C&M) Vellore Division Vellore 632 014.

COPY TO:- The Member Secretary Tamil Nadu State Legal Services Authority Chennai.

C.V.KARTHIKEYAN, J., AP 13.09.2023