The Principal Secretary To v. G.Ramaiyan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty First day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.2671 of 2018 in MP(MD)No.1 of 2015 IN WA(MD) No.SR22097 of 2014 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC HEALTH DEPARTMENT, SECRETARIAT, CHENNAI -009 2 THE DEPUTY DIRECTOR OF HEALTH PUBLIC HEALTH AND PREVENTIVE, MEDICINE DEPARTMENT, THANJAVUR DT. ... PETITIONERS/ PETITIONERS Vs 1 G.RAMAIYAN 2 S.SARANDOSS 3 P.THIAGARAJAN 4 V.KRISHNAMOORTHY 5 G.MARIMUTHU 6 A.AMALADOSS 7 P.SITHIVANANYAGAM, 8 A.PARAMASIVAM 9 R.MEGANATHAN, 10 V.VASUDEVAN, 11 A.SARDHAR 12 THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC HEALTH DEPARTMENT , SECRETARIAT, CHENNAI -009.
13 THE SECRETAY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, SECRETARIAT, CHENNAI -009.
14 THE CHIEF ENGINEER, CHEPAUK CHENNAI -005.
15 THE COMMISSIONER OF AGRICULTURE, CHEPAUK CHENNAI -005.
16 THE DISTRICT COLLECTOR, THANJAVUR DT, 17 THE EXECUTIVE ENGINEER, (BUILDINGS CONTRUCTION AND MAINTENANCE DIVISION) PUBLIC WORKS DEPARTMENT THANJAVUR , THANJAVUR DT.
18 THE SUPERINTENDING ENGINEER, MEDICAL COLLEGE MAINTENANCE CIRCLE, PUBLIC WORKS DEPARTMENT, TRICHIRAPPALLI.
19 THE REVENUE DIVISIONAL OFFICER PATTUKOTTAI DIVISION, PATTUKOTTAI.
20 THE EXECUTIVE ENGINEER, GRAND ANAICUT CANAL DIVISION, THANJAVUR DT.
21 THE ASSISTANT DIRECTOR OF AGRICULTURE, THIRUVAIYARU TK, THANJAVUR DT.
22 THE COMMISSIONER OF PANCHAYAT,THIRUVONAM PANCHAYAT UNION, THANJAVUR DT.
... RESPONDENTS/RESPONDENTS Prayer in CMP(MD)No 2671/ 2018 :
This Petition filed under section 151 CPC praying to restore the M.P.(MD).No.1 of 2015 in W.A.S.R.(MD).No.22097 of 2014 which was dismissed for default on 19.08.2015 on the file of this Honble Court and thus render justice.
Prayer in MP(MD)No. 1/ 2015 in WASR(MD)No.22097/2014 : This Petition filed under section 5 of Limitation Act praying to condone the delay of 248 days in filing the Writ Appeal against the order passed in WP.(MD).No.12140/2013 .
Prayer in WASR(MD)No.22097/ 2014 :
This Appeal filed under clause 15 of Letters Patent praying to setaside the order dated 26.07.2013 passed in WP.(MD).No.12140/2013 on the file of the Hon'ble Court and allow this Writ Appeal. Prayer in WP(MD). 12140/ 2013 :
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 extend the benefits granted as per serial No.8, Schedule-II as per Paragaraph-4 of the order and Rule 3(1) of G.O.Ms.No.162 Finance (Paycell) Department dated 13.4.1998 to the petitioners also by granting Ordinary Grade Rs.4000-100-6000 and selection Grade Rs.5000-150-8000 and Special Grade Rs.5500-175-9000 according to their total service rendered within a specified time frame that may be fixed by this Honble Court .
ORDER: This Petition is coming on this day and upon perusing the petition and the affidavit and persued the documents placed on record filed in support thereof and hearing upon the arguments of Mr. V.R.Shanmuganathan, Special Government Pleader on behalf of the Petitioner, and Mr.S.Visvalingam, Advocate for the Respondents R4 to R6, this Court made the following order:
" Satisfied with the reasons assigned in the affidavit filed in support of the petition, this petition is allowed and MP(MD)1 of 2015 is restored"
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC HEALTH DEPARTMENT , SECRETARIAT, CHENNAI -009.
2 THE DEPUTY DIRECTOR OF HEALTH PUBLIC HEALTH AND PREVENTIVE, MEDICINE DEPARTMENT, THANJAVUR DT.
3 THE SECRETAY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, SECRETARIAT, CHENNAI -009.
4 THE CHIEF ENGINEER, CHEPAUK CHENNAI -005.
5 THE COMMISSIONER OF AGRICULTURE, CHEPAUK CHENNAI -005.
6 THE DISTRICT COLLECTOR, THANJAVUR DT, 7 THE EXECUTIVE ENGINEER, (BUILDINGS CONTRUCTION AND MAINTENANCE DIVISION) PUBLIC WORKS DEPARTMENT THANJAVUR , THANJAVUR DT. 8 THE SUPERINTENDING ENGINEER, MEDICAL COLLEGE MAINTENANCE CIRCLE, PUBLIC WORKS DEPARTMENT, TRICHIRAPPALLI.
9 THE REVENUE DIVISIONAL OFFICER PATTUKOTTAI DIVISION, PATTUKOTTAI.
10 THE EXECUTIVE ENGINEER, GRAND ANAICUT CANAL DIVISION, THANJAVUR DT.
11 THE ASSISTANT DIRECTOR OF AGRICULTURE, THIRUVAIYARU TK, THANJAVUR DT.
12 THE COMMISSIONER OF PANCHAYAT,THIRUVONAM PANCHAYAT UNION, THANJAVUR DT.
VB/SV/MMS/SAR4/02.04.2018/4P/13C DATED : 21/03/2018
ORDER
CMP(MD) No.2671 of 2018 in MP(MD)No.1 of 2015 IN WA(MD) No.SR22097 of 2014 Giving directions etc., as stated within,