Madras High CourtWP(MD)/1536/2019dismissed as infructuous

M.Rathinapandi v. The Secretary To Govt. Of

2023-09-15Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.1536 OF 2019 M.Rathinapandi :Petitioner .vs.

1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of the Public Libraries, Anna Salai, Chennai - 600 002.

3.The District Library Officer, Theni District.

4.The Village Library Officer, Village Library Office, Kommbayampatti, Theni District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to consider and pass appropriate orders on the representation of the Petitioner, dated 20.12.2018 regarding granting special time scale of pay of Rs.1300-3000+Grade Pay of Rs.300/- with effect from 15.09.2010 as per G.O.Ms.No.385, 1/5

Finance(Pay Cell Department, dated 01.10.2010) within the time stipulated by this Court.

For Petitioner :Mr.C.Meenakshi Rama Prabhu For Respondents :Mr.J.K.Jeyaseelan 1 to 4 Govt. Advocate

O R D E R

********* This Writ Petition is filed to consider the representation of the Petitioner, dated 20.12.2018 regarding grant of special time scale of pay of Rs.1300-3000+Grade Pay of Rs.300/- with effect from 15.09.2010.

2.Heard the learned counsel appearing on either side and perused the materials available placed before this Court. 3.When the matter came up for hearing, the learned Government Advocate appearing for the respondents 1 to 4 produced an order, dated 07.03.2019, wherein, the claim of the Petitioner has been considered in detail and as a matter of fact, it not only relates to the grant of special time scale of pay but also regarding the very employment itself, which has been refused and it is stated in the said order that the Petitioner has been stopped 2/5

from employment w.e.f. 01.01.2019 itself. The order also mentions the manner in which the Petitioner has come forward with the present Writ Petition, as factually incorrect. In any event, once an order is passed, the prayer to consider the representation has since now become infructuous.

4.As such, the Writ Petition is dismissed as infructuous, with liberty to the Petitioner to challenge the said order of the District Library Officer, Theni, dated 7.3.2019, in the manner known to law. There shall be no order as to costs.

15.09.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of the Public Libraries, Anna Salai, Chennai - 600 002.

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3.The District Library Officer, Theni District.

4.The Village Library Officer, Village Library Office, Kommbayampatti, Theni District.

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D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)No.1536 of 2019 15.09.2023 5/5