Madras High CourtWA(MD)/993/2018dismissed as infructuous

The State Of Tamilnadu v. D.Jayaveerarajan

2018-08-09Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.[MD].Nos.993 and 994 of 2018 and W.M.P.(MD).Nos.6781 to 6783 of 2018 1.The State of Tamil Nadu, Rep by the Secretary to Government, Finance [Pay Cell] Department, Fort.St.George, Chennai 9.

2.The State of Tamil Nadu, Rep by the Secretary to Government, Education Department, Fort.St.George, Chennai 9. 3.The Director of School Education, [Higher Secondary], College Road, Chennai 6.

4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

: Appellants in both cases Vs.

D.Jayaveerarajan : Respondent in W.A.(MD).No.993 of 2018 S.Malligeswari : Respondent in W.A.(MD).No.994 of 2018 PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the order dated 22.12.2011 made in W.P.(MD).Nos.15038 and 15152 of 2011, on the file of this Court.

Prayer in WP(MD).Nos.15038 & 15152 / 2011 :

Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to call for the records on the file of the 2nd Respondent in connection with the order passed by her in her proceedings in Letter No.39631/M1/2011, dated 15-04-11 & quash the same & direct the Respondents to pay the monthly benefits as per the Order passed by the 1st Respondent in G.O.Ms.No.216 Finance (Pay Cell) Dept., dt. 22-03-93, 270, Finance (PC) Dept., dt. 26-08-10 & also as per the Order of the Honourable Division Bench in W.P.No.17187 of 2003 dt. 28-11-07 confirmed by the Honourable Apex Court in SLP.Civil CC.No.2746 of 2010 dt. 23-04-2010 forthwith with effect from the date of eligibility for the Selection Grade and the consequential Special Grade with all monetary and service benefits. https://hcservices.ecourts.gov.in/hcservices/

For Appellants : Mrs.S.Srimathy Special Government Pleader For respondents : Mr.S.Visvalingam COMMON JUDGMENT [Judgment of the Court was delivered by M.M.SUNDRESH, J.] Today, when the Writ Appeals are taken up for hearing, it is brought to the notice of this Court by Mrs.S.Srimathy, learned Special Government Pleader that based on the Judgment of a Full Bench of this Court in The Government of Tamil Nadu, Vs. G.Eswaran and others [2017 (1) LW 673 : 2017 (2) MLJ 257], there is implementation of G.O.(Ms).No.216, Finance [Pay Cell] Department, dated 22.03.1993.

2. In the light of the above, nothing survives for adjudication in these Writ Appeals. Therefore, the Writ Appeals are dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Secretary to Government of Tamil Nadu, Finance [Pay Cell] Department, Fort.St.George, Chennai 9.

2.The Secretary to Government of Tamil Nadu, Education Department, Fort.St.George, Chennai 9. 3.The Director of School Education, [Higher Secondary], College Road, Chennai 6.

4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

+1cc to M/S.S.Visvalingam, Advocate SR.No. 77715 +1cc to Special Government Pleader, SR.No. 77907 COMMON JUDGMENT MADE IN W.A.[MD].Nos.993 and 994 of 2018 09.08.2018 nb JM/RP/SAR 4/05.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/