Madras High CourtCMP(MD)/3334/2021closed

M.Sumathi v. The Secretary To Government

2021-04-01Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.3334 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the First day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH and The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.3334 of 2021 in WA(MD)No.743 of 2021 M.SUMATHI ... APPELLANT/PETITIONER Vs 1 THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION, OFFICE OF THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI.

3 THE STATE PROJECT DIRECTOR, TEACHERS RECRUITMENT BOARD, CHENNAI-600 006.

4 THE ACCOUNTANT GENERAL, D.M.S NANDANAM, CHENNAI.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue an order of Interim Stay of the order of this Honourable Court dated 10.11.2020 in Writ Petition (MD)No.11327 of 2014 on the file of this Honourable Court, pending disposal of the Writ Appeal.

PRAYER IN WA(MD)No.743 of 2021:

Writ Appeal is filed under Clause 15 of the Letter Patent, pleased to set aside the order dated 10.11.2020 in WP(MD)No.11327 of 2014 and allow the Writ Appeal.

Prayer in WP(MD)No.11327 of 2014 :

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to include the name of the petitioner under the Tamil Nadu Pension https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3334 of 2021 Rules 1978, in the service register of the petitioner, deduct the amount from the petitioner's salary as per the Tamil Nadu Pension Rules 1978 and consequently, reimburse the deductions made from the petitioner's salary from 01.04.2003 as per the G.O.Ms.No.259 dated 06.08.2003 within a reasonable time as may be fixed by this Court. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.H.THAYUMANASWAMY, Advocate for the petitioner and of Mrs.S.SRIMATHY, Special Government Pleader for R1 and R2 and of Mr.V.R.SHANMUGANATHAN, Special Government Pleader on behalf of the Respondents 3 and 4, while admitting the Writ Appeal, the Court made the following order:- The entitlement of the Petitioner/appellant to the relief sought for would be decided based on the final order to be passed in this appeal.

Therefore, this miscellaneous petition stands closed. sd/- 01/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION, OFFICE OF THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI.

3 THE STATE PROJECT DIRECTOR, TEACHERS RECRUITMENT BOARD, CHENNAI-600 006.

4 THE ACCOUNTANT GENERAL, D.M.S NANDANAM, CHENNAI. ORDER IN CMP(MD) No.3334 of 2021 in WA(MD)No.743 of 2021 Date :01/04/2021 Gk AE/SMA/SAR-I (09/04/2021) 2P / 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2