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Madras High CourtWP/2275/2017dismissed

Mrs. M. Indira, v. State Of Tamil Nadu

2022-11-01Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs. M. Indira ... Petitioner Vs.

1. State of Tamil Nadu Represented by its Secretary to Government, Information and Technology Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Electronics Corporation of Tamil Nadu Ltd., (ELCOT) 692 Anna Salai, Nandanam, Chennai - 600 035.

R1- Deleted as per court order dated 01.11.2022 by SMSJ ... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order No. PRO.No.ELCOT/COM/PER 2-148 dated 05.01.2007 issued by the second respondent, quash the same and to direct the respondents to fix the scale of pay of the petitioner as Rs.8000- 27513500 with effect from 23.05.2005 and to pay the arrears of pay for the period between 28.05.2005 and 25.02.2008 with retirement benefits.

For Petitioner : Mr. A. Bharanichander for M/S. S. Meenakshi For Respondents : R1- Deleted as per court order dated Mr. Anand Goplan for M/S. T.S. Gopalan & Co for R2

O R D E R

The order dated 05.01.2007 issued by the second respondent is sought to be quashed in the present writ petition, which was filed in the year 2017, after a lapse of about 10 years from the date of passing of the order.

2. The grievances of the writ petitioner is that her pay was erroneously fixed from the year 2005 onwards.

3. The learned counsel for the respondent brought to the notice of this Court that very same petitioner, Shri M. Indira, already earlier filed W.P. No. 12817 of 2009 for the very same prayer and this Court passed an order along with other writ petitions on 10.02.2011, granting the relief and the said relief as ordered, was granted in favour of the writ petitioner by the respondents.

4. The said factum was recorded by this Court in Cont.P. No. 1839 of 2015 dated 21.09.2016. Therefore, the present writ petition deserves no further consideration. That apart, the writ petition has been instituted after a lapse of 10 years from the date of the passing of the impugned order dated 05.01.2007. For all these reasons, the writ petition stands dismissed. No costs.

mrn Index : Yes / No Speaking order / Non-Speaking order To The Managing Director, Electronics Corporation of Tamil Nadu Ltd., (ELCOT) 692 Anna Salai, Nandanam, Chennai - 600 035.

S.M.SUBRAMANIAM, J.

mrn