Flora Mary S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.2782 of 2023, 8138 of 2021, 28924 of 2022, 5751 of 2019 and 8083 of 2021 and W.M.P.(MD).Nos.22908 of 2022 and 4534 of 2019 W.P.(MD)No.2782 of 2023 S.Flora Mary ... Petitioner Vs.

1.The State of Tamil Nadu represented by its Secretary to Government, Labour and Employment Department, Fort St. George, Chennai.

2.The Director of Employment and Training, Alandur Road, Guindy, Chennai.

3.The Joint Director (Apprehending Training of Employment and Training), Alandur Road, Guindy, Chennai.

4.The Regional Joint Director of Training, Trichy, Trichy District.

5.The Correspondent, St. Xavier's Industrial Training Centre, Thanjavur, Thanjavur District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fifth respondent to implement the order of the second respondent vide his proceeding in Na.Ka.No.16462/Tho/pa.2/2021, dated 25.06.2021, based on the order of the third respondent issued vide Procs.No.32705/152/2019, dated 26.11.2019 and to pay the arrears of monetary benefits from 01.10.2017.

For Petitioner : Mr.I.Velpradeep For R1 to R4 : Mr.G.V.Vairam Santhosh Additional Government Pleader

C O M M O N O R D E R The Management filed the writ petitions in W.P.(MD).No.5751 of 2019 and 28924 of 2022, for issuance of a writ of Mandamus, directing the official respondents to pay the maintenance grant at 75% by calculating 75% of the salary payable to the approved non-teaching staff working in the approved and sanctioned post from the date of appointment with all benefits and emoluments as per the order of approval including pension in accordance with the order passed by this Court in W.P.No.4517 of 2006 dated 19.06.2006 and the Government letter dated 31.05.2016. Similarly, the employees of the Management have also sought the very same prayer in W.P.(MD)Nos.8083 and 8138 of 2021 and W.P.(MD).No.2782 of 2023.

2. Since the issue involved in these writ petitions is one and the same, they have been taken up together and disposed of by this common order.

3. Considering the limited relief sought for in these writ petitions, if there is no legal impediment, the official respondents are directed to implement the order of this Court in W.P.No.4517 of 2006 dated 19.06.2006 and the Letter of the Government dated 31.05.2016, with regard to the grant in aid payable to the non-teaching staff, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 28.02.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv

To 1.The Secretary to Government, State of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai.

2.The Director of Employment and Training, Alandur Road, Guindy, Chennai.

3.The Joint Director (Apprehending Training of Employment and Training), Alandur Road, Guindy, Chennai.

4.The Regional Joint Director of Training, Trichy, Trichy District.

M.DHANDAPANI,J.

akv W.P.(MD)Nos.2782 of 2023, 8138 of 2021, 28924 of 2022, 5751 of 2019 and 8083 of 2021 28.02.2023