The Government Of Tamil Nadu, v. A.R.Subramanian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.A(MD)No.223 of 2019 and C.M.P(MD)No.1833 of 2019 1.The Government of Tamil Nadu, represented by its Principal Secretary, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, DPI Complex, College Road, Chennai.

3.The District Elementary Educational Officer, Dindigul District, Dindigul.

... Appellants Vs.

1.A.R.Subramanian 2.The Accountant General (A&E), Tamil Nadu, 361, Anna Salai, Chennai.

... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.18502 of 2013, dated 07.04.2014.

Prayer in WP(MD). 18502/ 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 herein to pass appropriate orders on my representation dated 18.01.2012 in the light of G.O.Ms.234 School Education Department dated 10.09.2009, and to count the service rendered by the petitioner prior to 01.06.1988 as Secondary Grade Teacher for the purpost of fixation and grant of Selection and Speicial Grade Scale of pay in the post of Primary School Headmater with all consequently benefits including payment of arrears of pay and allowances and re- fixation of pension and payment of arrears applicable to the petitioner.

For Appellants :Mrs.S.Srimathy Special Government Pleader For R1 :Mr.A.Siva Subramanian ***

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR,J.) The writ appeal is directed against the order of the learned Single Judge of this Court in W.P.(MD)No.22609 of 2013, dated https://hcservices.ecourts.gov.in/hcservices/

07.04.2014, allowing the writ petition filed by the first respondent 2.W.P.(MD)No.22609 of 2013 was filed to consider the representation of the writ petitioner, dated 18.01.2012 in the light of G.O.Ms.No.23, School Education Department, dated 10.09.2009 and to count the service rendered by the petitioner prior to 01.06.1988 as Secondary Grade Teacher for the purpose of fixation and grant of Selection and Special Grade Scale of pay in the post of Primary School Headmaster with all consequential benefits including payment of arrers of pay and allowances and re-fixation of pension and payment of arrers applicable to the petitioner. 3.Following the earlier judgment of the Division Bench of this Court, the learned Single Judge allowed the writ petition and directed the respondents to extend the benefit of the G.O.Ms.No.234, dated 10.09.

2009 and G.O.Ms.No.179, dated 06.09.2013 to the petitioner and to grant the monitory benefits available to the writ petitioner within a period of two months from the date of receipt of a copy of that order. As against the said order, the present appeal has been filed.

4.The learned Special Government Pleader appearing for the appellants and the learned Counsel for the first respondent submitted that the benefit of G.O.Ms.No.234, dated 10.09.2009 and G.O.Ms.No.179, dated 06.09.2013, have been extended to the first respondent and the first respondent has paid amount in terms of the said Government orders.

5.In view of the fact that the decision of the learned Single Judge have been implemented in full, no further adjudication is needed. Hence, this appeal is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To The Accountant General (A&E), Tamil Nadu, 361, Anna Salai, Chennai.

+1cc to Mr.A.Siva Subramanian, Advocate, SR.No.50198 W.A(MD)No.223 of 2019 26.02.2019 SP/23.04.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/