K.Syed Basheer Ahmed v. The Principal Accountant General,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.32371 of 2018 K.Syed Basheer Ahmed ... Petitioner Vs.
1.The Principal Accountant General (A&E), Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.
2.The Divisional Engineer (Highways) O & M, Moolapalayam Post, Erode - 11.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified mandamus, calling for the records of the first respondent bearing No. P14/2/11413040/ADK dated 04.07.2017, quash the same as illegal and justified and consequently direct the first and second respondents to extend the benefits of the G.O.No.210 dated 11.03.1987 read with the Clarifications issued by the Director General, Highways vide Circular dated 11.12.2014 in favour of the petitioner herein as proposed vide proceedings of the second respondent dated 15.05.2017 bearing Na.Ka.No.1731/2017/A5 and consequently direct the first and second respondents to re-fix the pay of the petitioner herein in terms of the same and Page No.1 of 4
other precedents of fixation made in analogous cases mentioned and pay the arrears of pay and allowances, pension, DCRG, commutation of pension, surrender leave salary, etc., with costs and interest thereon at 18% per annum form the day the amount became due.
For Petitioner : Mr.M.Manimaran For R1 : Mr.M.Vijayashankar For R2 : M/s.E.Ranganayaki Additional Government Pleader.
ORDER
Today, under the same fact situation, this Court disposed of W.P.No.32359 of 2018 dismissing the said writ petition. This Court, after having perused the entire materials on record and after having heard the learned counsel on either sider, is convinced that the claim of the petitioner in this writ petition is totally identical to the claim made by the petitioner in W.P.No.32359 of 2018.
2.
The petitioner herein, who was awarded selection grade on 01.10.1984 in the post of Road Inspector Grade II was upgraded to the post of Road Inspector Grade I on 01.10.1984 itself and thereby, there was no selection grade service that was rendered in the post of Road Inspector GradeII. Hence, the claim of the petitioner for extending the benefit of Page No.2 of 4
G.O.Ms.No.210 dated 11.03.1987 is totally misplaced. 3.
In the light of the above and for the reasons already assigned by this Court in the order passed in W.P.No.32359 of 2018 dated 12.06.2024, this writ petition is liable to be dismissed. 4.
Accordingly, this writ petition is dismissed and the connected miscellaneous petitions, if any, shall stand closed. No costs. 12.06.2024 (2/2) Index :
Yes/No Speaking Order :
Yes/No dpa MUMMINENI SUDHEER KUMAR,J.
dpa Page No.3 of 4
To:
1.The Principal Accountant General (A&E), Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.
2.The Divisional Engineer (Highways) O & M, Moolapalayam Post, Erode - 11.
W.P.No.32371 of 2018 12.06.2024 (2/2) Page No.4 of 4