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Madras High CourtWMP(MD)/5049/2017ordered

K.R.Mohan @ K.Ram Mohan v. The State Of Tamil Nadu

2017-04-11Honourable Mr Justice S.S. Sundar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Eleventh day of April Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR WMP(MD) No.5049 of 2017 IN WP(MD) No.SR55063 of 2016 1 K.R.MOHAN @ K.RAM MOHAN 2 NEELAMEGAM 3 R.RAJASEKARAN 4 S.KARUPPAIAH 5 S.CHELLAM 6 T.MUTHUMANICKAM 7 A.GOPAL 8 M.GOVINDAN 9 M.MOHAMMED ISMAIL 10 M.RAJENDRAN 11 S.VEERAR ABDULA 12 A.MAYANDI 13 K.MURUGAN 14 A.BOSE 15 S.RAJASEKARAN 16 V.PALUCHAMY 17 M.IRUTHAYARAJ ... PETITIONERS/PETITIONERS Vs 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT FINANCE (PAY CELL) DEPARTMENT, FORT ST.GEORGE, CHENNAI - 9.

2 THE ACCOUNTANT GENERAL THEYNAMPETTAI CHENNAI -18.

3 THE DIVISIONAL ENGINEER NATIONAL HIGHWAYS, NO.5 BESANT ROAD, CHINNACHOKKIKULAM MADURAI -2 4 THE DIVISIONAL ENGINEER SIVAGANGAI - 630 561

5 THE DIVISIONAL ENGINEER, NATIONAL HIGH WAYS DEPARTMENT, SIVAGANGAI- THIRUPPATHUR ROAD, SIVAGANGAI 630 561 6 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS AND MAINTENANCE (CONSTRUCTION) CIRCLE II, MADURAI 2 7 THE DIVISIONAL ENGINEER, CONSTRUCTION AND MAINTENANCE DEPARTMENT, HIGHWAYS DEPARTMENT, VIRUDHUNAGAR 8 THE DEEN GOVERNMENT RAJAJI HOSPITAL MADURAI 20 9 THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCE ORGANIZATION/PWD, PROJECT SUB DIVISION, NO.3, VIP COLONY JEYA NAGAR, TIRUNELVELI 627 011 10 THE DIVISIONAL ENGINEER MADURAI 600 002 11 THE DIVISIONAL ENGINEER NABARD AND RURAL ROADS DIVISION, LADYDOCK COLLEGE ROAD, CHINNACHOKKIKULAM, MADURAI 2.

12 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, SUPERVISION AND QUALITY CONTROL DIVISION, THALLAKULAM MADURAI 2 13 THE ASSISTANT EXECUTIVE ENGINEER, PALAYARU BASIN SUB DIVISION, NAGERCOIL, KANYAKUMARI DISTRICT 14 THE ASSISTANT EXECUTIVE ENGINEER, SITHAR BASIN SUB DIVISION, COURTALLAM KUDIIRUPPU, TENKASI, TIRUELVELI DISTRICT ...RESPONDENTS/RESPONDENTS

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the Delay of 197 days in Representing the Writ Petition in S.R.No.55063 of 2016 and pass such other or further orders as this Honourable Court may deem fit and proper in the circumstances of this case and thus render justice.

Prayer in WP(MD) No.55063 of 2016:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ or order or direction in the nature of writ of mandamus, directing the respondents to re-fix the scale of pay of the petitioners in accordance with schedule II of Tamilnadu Revised scale of Pay Rules, 1998 and to pay difference in salary and the arrears of difference in pension with effect from 01.01.1996 based on such refixation.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.BALAMURUGAN, Advocate for the petitioner the court made the following order:- This petition is filed to condone the delay of 197 days in representing the Writ petition in S.R.No.55063 of 2016.

2. Heard the learned counsel appearing for the petitioner.

3. I am satisfied with the reasons stated in the affidavit filed in support of this petition. Hence, the petition is allowed and the delay is condoned.

sd/- 11/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY TO GOVERNMENT FINANCE (PAY CELL) DEPARTMENT, FORT ST.GEORGE, CHENNAI - 9.

2 THE ACCOUNTANT GENERAL THEYNAMPETTAI CHENNAI -18.

3 THE DIVISIONAL ENGINEER NATIONAL HIGHWAYS, NO.5 BESANT ROAD, CHINNACHOKKIKULAM MADURAI -2

4 THE DIVISIONAL ENGINEER SIVAGANGAI - 630 561 5 THE DIVISIONAL ENGINEER, NATIONAL HIGH WAYS DEPARTMENT, SIVAGANGAI- THIRUPPATHUR ROAD, SIVAGANGAI 630 561 6 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS AND MAINTENANCE (CONSTRUCTION) CIRCLE II, MADURAI 2 7 THE DIVISIONAL ENGINEER, CONSTRUCTION AND MAINTENANCE DEPARTMENT, HIGHWAYS DEPARTMENT, VIRUDHUNAGAR 8 THE DEEN GOVERNMENT RAJAJI HOSPITAL MADURAI 20 9 THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCE ORGANIZATION/PWD, PROJECT SUB DIVISION, NO.3, VIP COLONY JEYA NAGAR, TIRUNELVELI 627 011 10 THE DIVISIONAL ENGINEER MADURAI 600 002 11 THE DIVISIONAL ENGINEER NABARD AND RURAL ROADS DIVISION, LADYDOCK COLLEGE ROAD, CHINNACHOKKIKULAM, MADURAI 2.

12 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, SUPERVISION AND QUALITY CONTROL DIVISION, THALLAKULAM MADURAI 2 13 THE ASSISTANT EXECUTIVE ENGINEER, PALAYARU BASIN SUB DIVISION, NAGERCOIL,KANYAKUMARI DISTRICT

14 THE ASSISTANT EXECUTIVE ENGINEER, SITHAR BASIN SUB DIVISION, COURTALLAM KUDIIRUPPU, TENKASI, TIRUELVELI DISTRICT SM:KKRA:SAR 4:13.4.2017:5p/15C

ORDER

IN WMP(MD) No.5049 of 2017 IN WP(MD) No.SR55063 of 2016 Date :11/04/2017