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Madras High CourtWP(MD)/6245/2019disposed of

J.Jebarathnam, v. The Director Of Elementary

2022-04-25Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twentieth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM J.Jebarathnam, W/o.J.R.John Samuel Nalathambi, No.20 Rajkamal Nagar, Bell Association Colony Palayamkottai, Tirunelveli District ...Petitioner Vs

1. The Director of Elementary Education, DPI Campus, College Road, Chennai.

2. The District Educational Officer, Tirunelveli District

3. The Block Educational Officer, (AEEEO) , Manoor @ Rastha, Tirunelveli District

4. The Manager / Correspondent, Moorthy Primary School, Kandiaperi, Thatchanallur Post, Tirunelveli District .

...Respondents

Prayer in WP(MD). 6245/ 2019 :

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 sanction the pensionary benefits with interest as well as the monthly pension to the petitioner from the date of her retirement i.e. from 01.06.2018.

To J.Jebarathnam, W/o.J.R.John Samuel Nalathambi, No.20 Rajkamal Nagar, Bell Association Colony Palayamkottai, Tirunelveli District Through: The Special Government. Pleader, Madurai Bench of Madras High Court Madurai.

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Whereas upon this day the Hon`ble Court while hearing the matter has passed an order as follows:

Mr.G.V.Vairam Santhosh, learned Additional Government Pleader appearing for the respondents 1 to 3 made a submission that with reference to the very same relief, the writ petitioner filed a writ petition in W.P(MD)No.14765 of 2012 and this Court considered the issues and passed final orders on 08.08.2019 dismissing the writ petition. In respect of the similar issue, another person filed writ appeal in W.A(MD)Nos.24 of 2020 and the Hon'ble Division Bench dismissed the writ appeal on 09.03.2021, confirming the order passed in the writ petition.

2.The writ petitioner once again filed the present writ petition for the same relief and such conduct of the litigant at any circumstances cannot be tolerated and it amounts to abuse judicial process and therefore, the petitioner is directed to be present before this Court and explain why he has filed the present writ petition for the same relief.

3.The petitioner is directed to be present before this Court on 25.04.2022 at 10.30 a.m., without fail.

4.The learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3 are directed to inform the order to the writ petitioner today by over phone or through electronic mode of communication. 5.List the Writ Petition on 25.04.2022, under the caption "for orders".

Whereas it is expedient in the interest of justice that the personal appearance of the writ petitioner is necessary before the Madurai Bench of Madras High Court, Madurai at 10.30 A.M on 25/04/2022.

In this connection you, namely J.Jebarathnam, W/o.J.R.John Samuel Nalathambi, No.20 Rajkamal Nagar, Bell Association Colony Palayamkottai, Tirunelveli District be and hereby is directed to appear in person before the Madurai Bench of Madras High Court, Madurai at 10.30 a.m on 25/04/2022. HEREIN FAIL NOT.

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WITNESS The Hon`ble Mr. Justice MUNISHWAR NATH BHANDARI, The Chief Justice of the High Court of Judicature at Madras on 20/04/2022 . ASSISTANT REGISTRAR(T&P) To.

The Special Government. Pleader, Madurai Bench of Madras High Court Madurai.

ORDER DATED : 20/04/2022 HEARING DATE : 25/04/2022 ========================== SUMMONS ========================== MGJ(20.04.2022) 3P 3C 3/3