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Madras High CourtWA(MD)/1310/2015allowed

The Secretary To Government v. Subramanian

2016-01-05Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Ramasubramanian7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Appeal(MD) No.1310 of 2015 and M.P(MD)No.2 of 2015 1.The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai 600 009.

2.The Deputy Director of Medical Rural Health and Family Welfare, ... Appellants/Respondents 4&20 Vs.

1.Subramanian 2.D.Ravindran 3.R.Subbiahsamy 4.P.Johnson Jebaraj 5.R.Veeraraj 6.A.Kalidoss 7.D.ShanBasha 8.T.P.Surendran 9.L.Raju 10.N.Rakkappan 11.M.Narayanasamy 12.S.Ganapathy 13.A.Mariappan 14.P.Periyanan 15.P.Narayanan 16.P.Sivanandi 17.A.Ayyappan 18.C.Veeraiah 19.R.Thiraviam 20.G.Jeyaraman 21.P.Olimuthu 22.N.Natarajan 23.S.Muruganantham 24.P.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 33.M.Rajendran 34.R.E.Jayasingh 35.K.V.Shanmugam 36.C.Somasundaram 37.M.Raja Hussian 38.E.Vembu 39.R.Ramachandiran 40.N.maasanam 41.V.Alagarsamy 42.K.P.Mohan ..Respondents/Petitioners 43.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.

44.The Secretary to Government, Geology and Mines Department, Secretariat, Chennai 600 009.

45.The Secretary to Government, Secretariat, Chennai 600 009.

46.The Secretary to Government, Animal Husbandry Department, Secretariat, Chennai 600 009.

47.The Secretary to Government, Commercial Tax Department, Secretariat, Chennai 600 009.

48.The Principal Secretary to Government, Agriculture Department, Secretariat, Chennai 600 009.

49.The Secretary to Government, Fisheries Department, Secretariat, Chennai 600 009.

50.The Commissioner of Geology and Mines, Guindy, Chennai 600 032.

51.The Commissioner of Commercial Taxes, 52.The District Collector, Madurai District, Madurai.

53.The District Collector, Sivagangai District, Sivagangai.

54.The District Collector, Virudhunagar District, Virudhunagar.

55.The Director of Backward Classes Welfare, 56.The Director of Public Health and Preventive Medicine, DMS Complex, Teynampet, Chennai 600 018.

57.The Director of Medical, Rural Health Services and Family Welfare, DMS Complex, Teynampet, Chennai 600 018.

58.The Director of Fisheries, Teynampet, Chennai 600 018.

59.The Chief Engineer, 60.The District Revenue Officer, Kallar Reclamation, Collectorate, Madurai 625 020.

61.The Deputy Director, Public Health and Preventive Medicines, Viswanathapuram, 62.The Executive Engineer, Periyar Development Division VII, Tallakulam, Madurai.

63.The Dean, Government Rajaji Hospital, Goripalayam, Madurai 625 020.

64.The Public Relation Officer, Collectorate, Virudhunagar, Virudhunagar District.

65.The Public Relation Officer, Collectorate, Theni, Theni District.

66.The Executive Engineer, WRO, Special Project Sub Division No.3, Sathankulam, Tirunelveli District.

67.The Regional Joint Director, Animal Husbandry, Tallakulam, Madurai 625 020.

68.The Joint Director of Agriculture, Tallakulam, Madurai 625 002. ... Respondents/Respondents (Respondents 6 to 68 are the formal parties, hence they are given up) Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 12.08.2013 made in W.P.(MD)No.13240 of 2013 on the file of this Court.

WP(MD)No.13240 of 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. 5000-1508000 and Special Grade Rs. 5500-175-9000 according to their total service rendered within a specified time frame that may be fixed by this Court.

For Appellants : Mr.M.Govindan, Special Government Pleader.

For Respondents : Mr.S.Visvalingam

JUDGMENT

(Judgment of the Court was delivered by V.RAMASUBRAMANIAN ,J ) This appeal is by the State challenging an order of the learned Judge passed in a writ petition filed by the drivers working in various departments of the State of Tamil Nadu. 2.Heard Mr.M.Govindan, learned Special Government Pleader for the appellants. Mr.S.Visvalingam, learned counsel takes notice for the respondents.

3.The issue raised in the writ appeal is covered by a decision in The Director of Sericulture Department Vs.K.Kumar (2015 (4) CTC 241) rendered by a Division Bench one of us (VRSJ) was a party. Therefore, following the same, the writ appeal is dismissed. No costs. Consequently, M.P(MD)No.2 of 2015 is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar

To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.

2.The Secretary to Government, Geology and Mines Department, Secretariat, Chennai 600 009.

3.The Secretary to Government, Secretariat, Chennai 600 009.

4.The Secretary to Government, Animal Husbandry Department, Secretariat, Chennai 600 009.

5.The Secretary to Government, Commercial Tax Department, Secretariat, Chennai 600 009.

6.The Principal Secretary to Government, Agriculture Department, Secretariat, Chennai 600 009.

7.The Secretary to Government, Fisheries Department, Secretariat, Chennai 600 009.

8.The Commissioner of Geology and Mines, Guindy, Chennai 600 032.

9.The Commissioner of Commercial Taxes, 10.The District Collector, Madurai District, Madurai.

11.The District Collector, Sivagangai District, Sivagangai.

12.The District Collector, Virudhunagar District, Virudhunagar.

13.The Director of Backward Classes Welfare,

14.The Director of Public Health and Preventive Medicine, DMS Complex, Teynampet, Chennai 600 018.

15.The Director of Medical, Rural Health Services and Family Welfare, DMS Complex, Teynampet, Chennai 600 018.

16.The Director of Fisheries, Teynampet, Chennai 600 018.

17.The Chief Engineer, 18.The District Revenue Officer, Kallar Reclamation, Collectorate, Madurai 625 020.

19.The Deputy Director, Public Health and Preventive Medicines, Viswanathapuram, 20.The Executive Engineer, Periyar Development Division VII, Tallakulam, Madurai.

21.The Dean, Government Rajaji Hospital, Goripalayam, Madurai 625 020.

22.The Public Relation Officer, Collectorate, Virudhunagar, Virudhunagar District.

23.The Public Relation Officer, Collectorate, Theni, Theni District.

24.The Executive Engineer, WRO, Special Project Sub Division No.3, Sathankulam, Tirunelveli District.

25.The Regional Joint Director, Animal Husbandry, Tallakulam, Madurai 625 020.

26.The Joint Director of Agriculture, Tallakulam, Madurai 625 002.

27.The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai 600 009.

28.The Deputy Director of Medical Rural Health and Family Welfare, +One cc to The Special Government Pleader, SR.No.700 +One cc to M/s.S.Sivalingam, Advocate, SR.No.221 sms RL/31C/SK/SKN/25/1/2016 Writ Appeal(MD) No.1310 of 2015 and M.P(MD)No.2 of 2015 05.01.2016