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Madras High CourtCMP(MD)/5416/2016injunction made absolute

The Principal Secretary To v. C.Subramanian,

2016-06-09Honourable The Chief Justice,Honourable Mr Justice Nooty.Ramamohana Rao6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble The CHIEF JUSTICE and The Hon`ble Mr.Justice NOOTY. RAMAMOHANA RAO CMP(MD) No.5416 of 2016 IN WA(MD) No.SR58434 of 2014 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, 2 THE JOINT DIRECTOR OF AGRICULTURE, TALLAKULAM, MADURAI-2. ... PETITIONERS/APPELLANTS (7&28) Vs 1 C.SUBRAMANIAN, 2 A.KALIDOSS, 3 D.SHAN BASHA, 4 D.RAVINDRAN, 5 R.SUBBIAHSAMY, 6 T.P.SURENDRAN, 7 L.RAJU, 8 N.RAKKAPPAN, 9 M.NARAYANASAMY, 10 S.GANAPATHY, 11 P.JOHNSON JEBARAJ, 12 A.MARIAPPAN, 13 P.PERIYANAN, 14 P.NARAYANAN, 15 R.VEERARAJ, 16 P.SIVANANDI, 17 A.AYYAPPAN, 18 C.VEERIAH, 19 R.THIRAVIAM, ... RESPONDENTS-19/WRIT PETITIONER 20 G.JAYARAMAN, 21 P.OLIMUTHU, 22 N.NATARAJAN, 23 S.MURUGANANTHAM 24 E.KRISHNAN 25 E.SRINIVASAN, 26 A.SUBRAMANI, 27 P.V.KARUPPIAH, 28 A.VIJAYARAJAN, 29 S.PALANICHAMY, 30 R.MURUGESAN,

31 M.BOSE, 32 T.K.I.RAJU, ... RESPONDENTS-32/WRIT PETITIONER 33 M.RAJENDRAN, 34 R.E.JAYASINGH, 35 K.V.SHANMUGAM 36 C.SOMASUNDRARAM, 37 M.RAJA HUSSAIN, 38 E.VEMBU, 39 R.RAMACHANDRAN, 40 N.MAASANAM, ... RESPONDENTS-40/WRIT PETITIONER 41 V.ALAGARSAMY, 42 K.P.MOHAN, ... RESPONDENTS/WRIT PETITIONER 43 THE RPINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, 44 THE SECRETARIAT TO GOVERNMENT, GEOLOGY AND MINES DEPARTMENT, SECRETARIAT, 45 THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, SECRETARIAT, CHENNAI-09.

46 THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, 47 THE SECRETARY TO GOVERNMENT ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT CHENNAI-600 009.

48 THE SECRETARY TO GOVERNMENT COMMERCIAL TAX DEPARTMENT, SECRETARIAT, 49 THE SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, 50 THE COMMISSIONER OF GEOLOGY AND MINES, GUINDY, CHENNAI-600 032.

51 THE COMMISSIONER OF COMMERCIAL TAXES, CHEPAUK, CHENNAI-600 005.

52 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.

53 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVANGANGAI.

54 THE DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

55 THE DIRECTOR OF BACKWARD CLASSES WELFARE, CHEPAUK, CHENNAI-05.

56 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, DMS COMPLEX, TEYNAMPET, CHENNAI-1600 08.

57 THE DIRECTOR OF MEDICAL RURAL HEALTH SERVICES AND FAMILY WELFARE, DMS COMPLEX, TEYNAMPAT, CHENNAI-18.

58 THE DIRECTOR OF FISHERIES, TEYAMPET, CHENNAI-600 016.

59 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, CHEPAUK, CHENNAI-05. 60 THE DISTRICT REVENUE OFFICER, KALLAR RECLAMATION, COLLECTORATE, MADURAI-625 014.

61 THE DEPUTY DIRECTOR OF MEDICAL, RURAL HEALTH AND FAMILY WELFARE, MADURAI-625 014.

62 THE DEPUTY DIRECTOR, PUBLIC HEALTH AND PREVENTIVE MEDICINES, VISWANATHAPURAM, MADURAI-625 014.

63 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, PERIYAR DEVELOPMENT DIVISION-VII, TALLAKULAM, MADURAI.

64 THE DEAN, GOVERNMENT RAJAJI HOSPITAL, GORIPALAYAM, MADURAI-20.

65 THE PUBLIC RELATION OFFICER, COLLECTORATE, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

66 THE PUBLIC RELATION OFFICER, COLLECTORATE, THENI, THENI DISTRICT.

67 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WRO, SPECIAL PROJECT SUB-DIVISION NO.3, SATHANKULAM, TIRUNELVELI DISTRICT.

68 THE REGIONAL JOINT DIRECTOR, ANIMAL HUSBANDRY, TALLAKULAM, MADRAI-625 020.

... RESPONDENTS/ RESPONDENTS

PRAYER IN CMP(MD)NO.5416/2016 IN WA(MD)NO.SR58434/2014 : 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 406 days in re-presenting the above Writ Appeal against the order dated 12.08.2013 made in W.P.(MD) No.13240 of 2013.

PRAYER IN WA(MD)NO.SR58434/2014 :

Memorandum of Grounds of Writ Appeal to this Hon'ble court, against the Order dated 12.08.2013 made in WP(MD)NO.13240 OF 2013 on the file of the Madurai bench of Madras High Court. PRAYER IN WP(MD)NO.13240/2013 :

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 paragraph 4 of the order and Rule 3(1) of G.O. Ms. NO. 162 Finance (Paycell) Department dated 13.04.1998 to the petitioners also by granting Ordinary Grade Rs. 4000-100-6000 and Selection Grade Rs. 5000150-8000 and Special Grade Rs. 5500-175-9000 according to their total service rendered within a specified time frame that may be fixed by this Honourable High Court and pass such other orders. 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.

BHASKARA PANDIAN , Additional Government Pleader for the petitioners the court made the following order:- (Order of the Court was made by the Hon'ble the Chief Justice) The application seeking to condone the delay is ordered, subject to deposit of Rs.5,000/- (Rupees Five Thousand only) with the Mediation and Conciliation Centre, attached to this Bench, within a period of fifteen days from today.

sd/- 09/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NB/RSB TO 1 THE RPINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU,REVENUE DEPARTMENT, 2 THE SECRETARIAT TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, GEOLOGY AND MINES DEPARTMENT, SECRETARIAT,

3 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU, PUBLIC WORKS DEPARTMENT, SECRETARIAT, 4 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU, HEALTH AND FAMILY WELFARE DEPARTMENT, 5 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT CHENNAI-600 009.

6 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU, COMMERCIAL TAX DEPARTMENT, SECRETARIAT, 7 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU, AGRICULTURAL DEPARTMENT, 8 THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU,FISHERIES DEPARTMENT, 9 THE COMMISSIONER OF GEOLOGY AND MINES, GUINDY, CHENNAI-600 032.

10 THE COMMISSIONER OF COMMERCIAL TAXES, CHEPAUK, CHENNAI-600 005.

11 THE DISTRICT COLLECTOR,MADURAI DISTRICT, MADURAI. 12 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVANGANGAI. 13 THE DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

14 THE DIRECTOR OF BACKWARD CLASSES WELFARE, CHEPAUK, CHENNAI-05.

15 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, DMS COMPLEX, TEYNAMPET, CHENNAI-1600 08.

16 THE DIRECTOR OF MEDICAL RURAL HEALTH SERVICES AND FAMILY WELFARE, DMS COMPLEX, TEYNAMPAT, CHENNAI-18.

17 THE DIRECTOR OF FISHERIES, TEYAMPET, CHENNAI-600 016.

18 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, CHEPAUK, CHENNAI-05. 19 THE DISTRICT REVENUE OFFICER, KALLAR RECLAMATION, COLLECTORATE, MADURAI-625 014.

20 THE DEPUTY DIRECTOR OF MEDICAL, RURAL HEALTH AND FAMILY WELFARE, MADURAI-625 014.

21 THE DEPUTY DIRECTOR, PUBLIC HEALTH AND PREVENTIVE MEDICINES, VISWANATHAPURAM, MADURAI-625 014.

22 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, PERIYAR DEVELOPMENT DIVISION-VII, TALLAKULAM, MADURAI.

23 THE DEAN,GOVERNMENT RAJAJI HOSPITAL, GORIPALAYAM, MADURAI-20.

24 THE PUBLIC RELATION OFFICER, COLLECTORATE, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

25 THE PUBLIC RELATION OFFICER, COLLECTORATE, THENI, THENI DISTRICT.

26 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WRO, SPECIAL PROJECT SUB-DIVISION NO.3, SATHANKULAM, TIRUNELVELI DISTRICT.

27 THE REGIONAL JOINT DIRECTOR, ANIMAL HUSBANDRY, TALLAKULAM, MADRAI-625 020. 28 THE JOINT DIRECTOR OF AGRICULTURE, TALLAKULAM, MADURAI-625 002.

29 THE CHIEF CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC to Spl.Government Pleader Sr.No.29405 GJM/SKS/RR/SAR-III-13.6.16-6P-31C

ORDER

IN CMP(MD) No.5416 of 2016 IN WA(MD) No.SR58434 of 2014 Date :09/06/2016