M.Vellingiri v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR AND WMP NO. 33797 OF 2017 M.Vellingiri No.18, Kongurar Layout, Dhali Road, Udumalpet 642 126, Tirupur District.

Petitioner(s) Vs

1. The Director, Directorate of Collegiate Education, EVK Sampath Building, DPI College Road, Chennai 600 006 2.The Sub Treasury Officer, Udumalpet, Tirupur District.

Respondent(s) PRAYER: Writ Petition filed under Article 227 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for records in para 3 of the G.O.Ms.No.311, Finance (CMPC) Department dated 31.12.2014 and quash the same; consequently direct the respondent to grant a notional

increment to the petitioner who retires on superannuation on the preceding day of annual increment due date on 1.1.2012 in light of Final order in W.P.No.12322 of 2017 dated 05.07.2017 accordingly revise the pension and other benefits within a specified period.

For Petitioner(s):

Mr.R.Sreedharan, No appearnce For Respondent(s):

Mr.S.Arumugam Government Advocate for R1 Mr.L.S.M.Hasan Fizal Additional Government Pleader for R2

ORDER

The captioned writ petition has been filed for issuance of a writ of certiorarified mandamus, directing the respondents to grant a notional increment to the petitioner, who retired on superannuation on the day preceding the annual increment due date, i.e., 01.01.2012, in the light of the order passed by this Court in W.P.No.12322 of 2017 dated 05.07.2017.

2. In the aforesaid writ petition, this Court issued the following direction:

"16. Accordingly, the writ petitioner who is falling in the category as stipulated in G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, are eligible to get their annual increments, notionally with effect from the date of retirement and the monetary benefits will be granted with effect from 31.12.2014, the date of G.O.Ms.No.311 Finance (CMPC) Department. With this clarification, the respondents and the competent authorities are directed to implement G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, by granting the benefit of annual increments, by verifying the respective Service Records of the writ petitioner and pay the monetary benefits prospectively with effect from 31.12.2014."

3. The petitioner's grievance is that, despite the above direction of this Court, the aforesaid relief has not been extended to him.

4. Mr.S.Arumugam, learned Government Advocate appearing for the first respondent, on instructions, submitted that in view of the Government Order dated 25.04.2018 issued by the Finance (Pay Cell) Department - which provides for extension of the benefit of sanction of annual increment to various petitioners and other similarly placed persons, who retired prior to 31.12.2014 and had completed one full year of service prior to their retirement, notionally

with effect from the date of retirement for the purpose of revision of pension with monetary benefits prospectively - the petitioner has already been granted one increment.

5. The submission of the learned Government Advocate and the said Government Order are taken on record. In view of the above, the relief sought for in the writ petition no longer survives for consideration.

6. Accordingly, the writ petition is dismissed as infructuous. However, liberty is reserved to the petitioner to seek revival of this petition , in the event the said relief is not, in fact, granted. No costs. Consequently, the connected miscellaneous petition is closed.

07-08-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Director, Directorate of Collegiate Education, EVK Sampath Building, DPI College Road, Chennai 600 006 2.The Sub Treasury Officer, Udumalpet, Tirupur District.

HEMANT CHANDANGOUDAR J.

jd AND WMP NO. 33797 OF 2017 07-08-2025