Madras High CourtCMP(MD)/8513/2016direction

The Director Of Medicine And v. T.N.Sankarasubramanian,

2017-02-08Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice R.SUBBIAH and The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8513 of 2016 IN WA(MD) No.SR33506 of 2016 THE DIRECTOR OF MEDICINE AND FAMILY WELFARE, EGMORE, CHENNAI-8. ... PETITIONER/APPELLANT Vs 1 T.N.SANKARASUBRAMANIAN 2 K.ARUMUGAM 3 P.MUTHIAH 4 C.ANTHONY 5 S.RAMAIAH 6 A.SANKARAN 7 S.ARUMUGAM, 8 P.SHANMUGAVEL 9 C.EBINEZER 10 M.MOOKIAHPANDI 11 V.RAMAIAH 12 S.SUBBIAH 13 M.ASHIRVADAM 14 A.MATHAVAN 15 S.PARAMASIVAM 16 R.RAJKUMAR 17 R.SEVIAR 18 THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, CHENNAI-09.

19 THE SECRETARY TO GOVERNMENT, PUBLIC HEALTH DEPARTMENT, SECRETARIAT, CH-09. 20 THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

21 THE SECRETARY TO GOVERNMENT LAND ADMINISTRATION DEPARTMENT, SECRETARIAT, CHENNAI -09.

22 THE SECRRETARY TO GOVERNMENT ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

23 THE SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, SECRETARIAT, CHENNAI -09.

24 THE SECRETARY TO GOVERNMENT BACKWARD CLASSES WELFARE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

25 THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI-600 009. 26 THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT, CHENNAI -600 009.

27 THE DIRECTOR OF PUBLIC HEALTH THENAMPET, CHENNAI -600 006.

28 THE DIRECTOR OF ANIMAL HUSBANDRY, THENAMPET, CHENNAI -600 006.

29 THE DIRECTOR OF BACKWARD CLASSES WELFARE, CHEPAUK, CHENNAI -600 005.

30 THE DIRECTOR OF PRIMARY EDUCATION, DPI, COLLEGE ROAD, CHENNAI.

31 THE COMMISSIONER OF RURAL DEVELOPMENT & PANCHAYAT RAJ, EZHILAGAM, CHEPAUK, CHENNAI-600 005.

32 THE COMMISSIONER OF LAND REFORMS, EZHILAGAM, CHEPAUK, CH-05.

33 THE COMMISSIONER OF TRANSPORT EZHILAGAM, CHEPAUK, CH-05.

34 THE CHIEF CONSERVATOR OF FORESTS, PANAGAL BUILDING, SAIDAPET, CHENNAI.

35 THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI.

(RESPONDENTS 3 TO 35 ARE ADDED AS FORMAL PARTIES AND NO NOTICE IS REQUIRED) ... RESPONDENTS/RESPONDENTS 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 1057 days in filing the WA(MD)SR.No.33506 of

2016 as against the order in W.P.(MD)No.13410 of 2013 dated 14.08.2013 on file of this Honourable Court and thus render justice. Prayer in WP(MD). 13410/ 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. 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 Honourable High Court.

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.N.S.KARTHIKEYAN, Additional Government Pleader for the petitioner and the respondent not appeared in person or by an advocate for R1 and R2, the court made the following order:- Order of the Court was made by R.SUBBIAH,J This petition seeking to condone the delay of 1057 days in filing the appeal is allowed and the delay is condoned, on condition that the petitioner shall pay a sum of Rs.3,500/- (Rupees Three Thousand and Five Hundred only), within a period of one week from today, before the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench. It is made clear that if the cost is not paid by the petitioner within the time stipulated in this order, the present Miscellaneous Petition shall stand dismissed automatically without any further reference to this Court.

sd/- 08/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, CHENNAI-09.

2 THE SECRETARY TO GOVERNMENT, PUBLIC HEALTH DEPARTMENT, SECRETARIAT, CHENNAI-600 009. 3 THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-600 009. 4 THE SECRETARY TO GOVERNMENT LAND ADMINISTRATION DEPARTMENT, SECRETARIAT, CHENNAI -09.

5 THE SECRRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, CHENNAI-600 009. 6 THE SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, SECRETARIAT, CHENNAI -09. 7 THE SECRETARY TO GOVERNMENT BACKWARD CLASSES WELFARE DEPARTMENT,SECRETARIAT, CHENNAI-600 009. 8 THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI-600 009. 9 THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT, CHENNAI -600 009. 10 THE DIRECTOR OF PUBLIC HEALTH, THENAMPET, CHENNAI -600 006. 11 THE DIRECTOR OF ANIMAL HUSBANDRY, THENAMPET, CHENNAI -600 006.

12 THE DIRECTOR OF BACKWARD CLASSES WELFARE, CHEPAUK, CHENNAI -600 005.

13 THE DIRECTOR OF PRIMARY EDUCATION, DPI, COLLEGE ROAD, CHENNAI.

14 THE COMMISSIONER OF RURAL DEVELOPMENT & PANCHAYAT RAJ, EZHILAGAM, CHEPAUK, CHENNAI-600 005.

15 THE COMMISSIONER OF LAND REFORMS, EZHILAGAM, CHEPAUK, CH-05.

16 THE COMMISSIONER OF TRANSPORT, EZHILAGAM, CHEPAUK, CH-05. 17 THE CHIEF CONSERVATOR OF FORESTS, PANAGAL BUILDING, SAIDAPET, CHENNAI.

18 THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI. 19 THE DIRECTOR OF MEDICINE AND FAMILY WELFARE,EGMORE, CHENNAI-8. Copy To: The Co-Ordinator, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.SPECIAL GOVT.PLEADER SR.No. 6682

ORDER

IN CMP(MD) No.8513 of 2016 IN WA(MD) No.SR33506 of 2016 Date :08/02/2017 SML CSL/SV/SAR-I/13.02.2017 : 4P/22C