Secretary v. John Paul Louis
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and M.P(MD)No.1 of 2012 The Secretary, St.Jude's College, Thoothoor - 629 176, Kanyakumari District.
...Appellant/Respondent No.5 .vs.
1.John Paul Louis
...Respondent/Petitioner
2.The State of Tamil Nadu, represented by its Secretary, Department of Higher Education, Fort St.George, Chennai.
3.The Director of Collegiate Education, College Road, Chennai.
4.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.
5.The Accountant General of Tamil Nadu, Office of the Accountant General, No.26, Anna Salai, Chennai.
...Respondents/
Respondents 1 to 4 PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act praying this Court to set aside the order passed by this Court in W.P(MD)No.13607 of 2011, dated 13.09.2012. Prayer in WP(MD). 13607/ 2011 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/3
5th respondent, Secretary St. Judes College, Thoothoor to submit necessary proposals forthwith to the 3rd respondent, Joint Director of Collegiate Education regarding the payment of Earned leave benefits, Leave on Private Affairs benefits, arrears of salary from 28.03.2007 to 30.06.2007 in the revised pay scale, arrears of revised pension, and other benefits on the basis of the revised pay scale viz., change in Gratuity and commutation etc., to the petitioner and consequently direct the 3rd respondent, Joint Director to sanction the aforesaid bnefits the petitioner within a reasonble time as may be stipulated by the Honourable Court. For Appellant :Mr.Arun Nidhi for M/s.Veera Kathiravan Senior Counsel For Respondent-1 :Mr.E.V.N.Siva For Respondents :Mr.K.P.Narayanakumar 2 to 4 Special Government Pleader
JUDGMENT
************* [Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.] This Writ Appeal has been filed challenging the order made in W.P(MD)No.13607 of 2011, dated 13.09.2012, wherein, the Writ Petition filed by the Writ Petitioner/first respondent herein was allowed with a cost of Rs.10,000/- 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Pursuant to the order of this Court, dated 23.02.
2021, it is stated by the learned Special Government Pleader appearing for the respondents 2 to 4, through Current Status Report mentioning that all the benefits payable to the Writ Petitioner was sanctioned and disbursed to him by the Joint Director of Collegiate Education, Tirunelveli, who is the third respondent in the Writ Petition, as per the order of this Court made in the Writ Petition. However, a sum of Rs.10,000/- which is awarded as costs payable by the Writ Appellant to the Writ Petitioner is not yet paid. 4.The learned counsel for the first respondent/Writ Petitioner states that he has already provided his bank account details to the Writ Appellant to deposit the same.
5.The learned counsel for the appellant had also stated that it would be transferred to the account of the Writ Petitioner in due course.
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6.Recording the same, this Writ Appeal is closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) VSN Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Secretary, Government of Tamil Nadu, Department of Higher Education, Fort St.George, Chennai.
2.The Director of Collegiate Education, College Road, Chennai.
3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.
4.The Accountant General of Tamil Nadu, Office of the Accountant General, No.26, Anna Salai, Chennai.
+1 CC to M/s.VEERA ASSOCIATS( SR-11337[F] dated 16/03/2021 ) +1CC to THE SPECIAL GOVERNMENT PLEADER(SR-11841[F] dated 17/03/2021) JUDGMENT MADE IN W.A(MD)NO.1082 OF 2012 and M.P(MD)No.1 of 2012 15.03.2021 MJ(CO) SRS (23/03/2021) 3P : 7C 3/3