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Madras High CourtCMP(MD)/10484/2016ordered

The Secretary, v. Mariyal,

2017-03-03Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Third day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice R.SUBBIAH and The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD)Nos.10484 to 10486 of 2016 IN WA(MD)Nos.SR42404, 42408 and 42414 of 2016 1 THE SECRETARY, SCHOOL EDUCATION DEPARTMENT, GOVERNMENTT OF TAMIL NADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF TEACHER EDUCATION RESEARCH AND TRAINING, DPI CAMPUS, COLLEGE ROAD, CHENNAI.

3 THE REGIONAL ACCOUNTS OFFICER(AUDIT), SCHOOL EDUCATION DEPARTMENT, MADURAI.

4 THE PRINCIPAL, DISTRICT INSTITUTE OF EDUCATION AND TRAINING, MUNANJIPATTI, TIRUNELVELI DISTRICT. ...PETITIONER/APPELLANTS IN CMP(MD)NOS.10484 AND 10485 OF 2016 IN WA(MD)NOS.SR.42404 AND 42408 OF 2016 THE PRINCIPAL DISTRICT INSTITUTE OF EDUCATION AND TRAINING, VANARAMUTTI, THOOTHUKUDI DISTRICT.

... PETITIONER/APPELLANTS IN CMP(MD)NO.10486 OF 2016 IN WA(MD)NO.SR.42414 OF 2016 Vs 1 MARIYAL, 2 THE CORRESPONDENT, OOLIYASTHANAN TEACHER TRAINING INSTITUTE, GANDHI NAGAR, TIRUNELVELI-6. ...RESPONDENTS/RESPONDENTS IN CMP(MD)NOS.10484 AND 10485 OF 2016 IN WA(MD)NOS.SR.42404 AND 42408 OF 2016 1 ANANDA KUMAR, 2 THE CORRESPONDENT, ST.JOHNS TEACHER TRAINING INSTITUTE, NAZARETH 628 617 THOOTHUKUDI DISTRICT.

.. RESPONDENTS/RESPONDENTS IN CMP(MD)NO.10486 OF 2016 IN WA(MD)NO.SR.42414 OF 2016

Common Prayer in CMP(MD)Nos.10484, 10485 and 10486 of 2016: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 152 days in filing the above appeal filed as against the order dated 15.03.2016 in W.P(MD) No.12508/2011, WP(MD) No.2041 of 2014, WP(MD)No.23524 of 2015 respectively, on the file of this Honourable Court.

Common Prayer in WA(MD)Nos.SR42404, 42408 and 42414 of 2016: Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to set aside the order dated 15.03.2016 in WP(MD)Nos.12508 of 2011, WP (MD)No.2041 of 2014, WP(MD)No.23524 of 2015 respectively. Prayer in WP(MD)No.12508 of 2011:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the salary from June 2005 with all the timely increments from the grant in aid as Office Assistant to the petitioner within stipulated time as may be fixed by this Honourable Court.

Prayer in WP(MD). 2041/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order passed by the 4th respondent in his Proceedings in Na.Ka. No. 14080/E3/2008 dated 21.11.2013 and quash the same and consequently direct the respondents to pay the salary from June 2005 to till date within stipulated time as may be fixed by this Honourable Court.

Prayer in WP(MD). 23524/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 3rd respondent in his proceedings in O.Mu.No.447/A3/2008, dated 4.7.2008 and quash the same as illegal and consequently direct the respondents to approve petitioners appointment in 4th respondent institute as Laboratory cum Workshop Assistant from the date of joining on 9.3.2005 and to pay all the service and monetary benefits within stipulated time. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.V.R.SHANMUGANATHAN, Special Government Pleader, for the petitioners in all the petitions and of Mr.T.A.Ebenezer, Advocate for the 1st respondent in all the petitions, and of Mr.S.Chellapandian, Advocate for the 2nd respondent in all the petitions, the court made the following order:-

This Court, by order dated 15.02.2017, allowed the above petitions on condition that the petitioners shall pay a sum of Rs.1,000/- in each petition, to the Mediation Centre, attached to this Bench, within one week from 15.02.2017.

Today, the learned Special Government Pleader submitted that order copy was received only on 20.02.2017, and hence, the order was not complied with. Thus he sought for extension of time. Considering the above, time is extended for a period of one weeks to comply with the order dated 15.02.2017. sd/- 03/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY, SCHOOL EDUCATION DEPARTMENT, GOVERNMENTT OF TAMIL NADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF TEACHER EDUCATION RESEARCH AND TRAINING, DPI CAMPUS, COLLEGE ROAD, CHENNAI.

3 THE REGIONAL ACCOUNTS OFFICER(AUDIT), SCHOOL EDUCATION DEPARTMENT, MADURAI.

Copy to:

THE CHIEF COORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD)Nos.10484 to 10486 of 2016 IN WA(MD)Nos.SR42404, 42408 and 42414 of 2016 Date :03/03/2017 AM/CM MSA/SAR-1/06.03.2017/3P/5C