G.Rathinam, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD).No.12833 of 2017 G.Rethinam : Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Education (G1) Department, Fort St. George, Chennai.

2.The Director of Elementary Education, College Road, D.P.I.Compound, Chennai-600 006.

3.The District Elementary Educational Officer, Pudukkottai, Pudukkotai District.

4.The Assistant Elementary Educational Officer, Gandharvakottai Union, Pudukkottai District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to implement the order of the Administrative Tribunal, Chennai in O.A.No.3233 of 2000, dated 14.06.2002 and consequently directing the 1st and 2nd respondent to ratify the revised fixation of pay and the revised pension proposal and disburse all the monetary benefits within a stipulated time along with interest at the rate of 18% per annum.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.VR.Shanmuganathan Special Government Pleader

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J] The petitioner has filed O.A.No.3233 of 2000, to fix his seniority from the date of Secondary Grade Teacher i.e. from the https://hcservices.ecourts.gov.in/hcservices/

year 1971 onwards. The Tribunal was pleased to allow the petition vide order dated 14.06.2002. The petitioner reached the age of superannuation on 30.06.2006 and he got extension till 31.07.2007. As the afore-said order was not given effect to, the petitioner filed a contempt petition. Pursuant to which, he was given retrospective seniority and promotion with effect from 01.01.1971. Accordingly, his pay was revised by the respondent No.4, vide proceedings dated 28.01.2014. Unfortunately, despite the aforesaid order, the petitioner has not received the monetary benefits along with pension.

2. The learned Special Government Pleader submitted that matter is pending with the second respondent.

3. This is an unfortunate case that despite the order of the Tribunal on 14.06.2002, followed by one order passed by this Court, in W.P.(MD).No.10079 of 2008, the petitioner is yet to get the fruits. Accordingly, a direction is issued to the respondents 1 and 2 as the case may be, to see to it the order passed by the Tribunal referred to above, as directed by this court in W.P.(MD). No.10079 of 2008, dated 10.12.2008 is complied with in letter and spirit, within a period of 12 weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The State of Tamil Nadu, Rep. by its Secretary, Education (G1) Department, Fort St. George, Chennai.

2.The Director of Elementary Education, College Road, D.P.I.Compound, Chennai-600 006.

3.The District Elementary Educational Officer, Pudukkottai, Pudukkotai District.

4.The Assistant Elementary Educational Officer, Gandharvakottai Union, Pudukkottai District.

+One cc to M/s.K.Baalasundharam, Advocate, SR.No.71024 +One cc to The Special Government Pleader, SR.No.71376 jikr RL/7C/2P/SKN/RSK/SAR1/31/8/2017 ORDER MADE IN W.P.(MD).No.12833 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 07.08.2017