Madras High CourtWA(MD)/1218/2016dismissed

The State Of Tamil Nadu, v. N.Dharmayyan,

2016-10-04Honourable The Chief Justice,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.A.(MD).No.1218 of 2016 and C.M.P.(MD)No.8052 of 2016 1.The State of Tamil Nadu, Rep. by Secretary to Government, School Education Department, Fort St. George, Chennai-9.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3.The Chief Educational Officer, Kanyakumari District, Nagarcoil.

4.The District Educational Officer, Kuzhithurai Educational District, Marthandam, Kanyakumari District.

: Appellants Vs.

N.Dharmayyan : Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 27.04.2012, made in W.P.(MD).No.6259 of 2012 on the file of this Court.

Prayer in WP(MD). 6259/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents 1 to 4 herein to regularize the service of the petitioner as Kavalar (Watchman) on completion of ten years of Part time services from 01.05.1974 and to pay time scale of pay and other monetary benefits payable from 01.05.1984 within a stipulated time as fixed by this Honourable Court. https://hcservices.ecourts.gov.in/hcservices/

For Appellants : Mr.A.K.Baskara Pandian, Special Government Pleader For Respondent : Mr.S.Bharathy Kannan

JUDGMENT

[Judgment of the Court was made by The Hon'ble The Chief Justice] The learned counsel for the respondent states that the impugned order was implemented by proceedings dated 21.06.2013, in Na.Ka.No.1201(4)/A1/2012, with effect from 30.04.1984; the monetary benefits released, granting selection grade to the respondent, who had already retired from service on 30.11.2001.

2. In view of the above, we are not inclined to entertain this appeal. Writ Appeal is, accordingly, dismissed, leaving the question of law open. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar SML/GB TO 1.The Secretary to Government The State of Tamil Nadu, School Education Department, Fort St. George, Chennai-9.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3.The Chief Educational Officer, Kanyakumari District, Nagarcoil.

4.The District Educational Officer, Kuzhithurai Educational District, Marthandam, Kanyakumari District.

+1cc to Mr.S.Bharathy, Advocate Sr.No. 59686 +1cc to Spl.Government Pleader Sr.No. 59396 JAM/20.10.16/EM-MPA /2p-7c JUDGMENT MADE IN W.A.(MD).No.1218 of 2016 Dated:

04.10.2016 https://hcservices.ecourts.gov.in/hcservices/