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Madras High CourtWP(MD)/1484/2017disposed of

A.Marimuthu v. The Government Of Tamil Nadu

2018-09-11Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1484 of 2017 and W.M.P(MD)No.1199 of 2017 A.Marimuthu ..Petitioner Vs

1. The Government of Tamil Nadu, represented by its Secretary, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2. The Government of Tamil Nadu, represented by the Secretary(School Education)Department, Fort St.George, Chennai -9.

3. The Accounts General(Accounts and Entitlement), No.361, Anna Salai, Teynampet, Chennai - 600 018.

4. The District Adi-Dravidar Welfare Officer, Thanjavur District.

5. The Special Tahsildar, Adi-Dravidar Welfare, Tiruvaiyaru, Thanjavur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records on the file of the third respondent in his Pen 16/3/1161 8964/ADK/287-288, dated 21.11.2016 and to quash the same and consequently to direct the third respondent to extend pensionary benefits of G.O.Ms.No.190, School Education Department, dated 12.7.2010 to the Petitioner and according to the award the Selection and Special Grade scale of pay of B.T.Middle School Headmaster w.e.f. 1.6.1988 and other monetary benefits to the Petitioner.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.S.Dhayalan 1,2,4 and 5 Government Advocate For Respondent-3 :

Mr.P.Gunasekaran

ORDER

The Petitioner has come forward with this Writ Petition seeking to issue a Writ of Certiorarified Mandamus calling for the records on the file of the third respondent in his Pen 16/3/1161 8964/ADK/287-288, dated 21.11.2016 and to quash the same and consequently to direct the third respondent to extend pensionary benefits of G.O.Ms.No.190, School Education Department, dated 12.7.2010 to the Petitioner and according to the award the Selection and Special Grade scale of pay of B.T.Middle School Headmaster w.e.f. 1.6.1988 and other monetary benefits to the Petitioner. 2.Heard both sides and perused the materials placed before this Court.

3.When this matter is taken up for hearing today, it is represented by the learned counsel for the Petitioner and the respondents that the issue is covered by the decision of this Court in W.P(MD)No.22438 of 2011, dated 2.12.2011.

4.The proposal sent by the fifth respondent was returned and it has not been represented so far. As the issue is covered and that the Petitioner is entitled to revision of pensionary benefits, the fifth respondent shall represent the proposal within two weeks from the date of receipt of a copy of this order and concerned respondent is expected to consider the said proposal with regard to revision of pensionary benefits within a period of one month from the date of proposal being represented by the fifth respondent, if there are no legal impediments.

5.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Crl. Side) /True Copy/ Sub Assistant Registrar(CS-I)

To

1. The Secretary, Government of Tamil Nadu, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2. The Secretary(School Education)Department, Government of Tamil Nadu, Fort St.George, Chennai -9.

3. The Accounts General(Accounts and Entitlement), No.361, Anna Salai, Teynampet, Chennai - 600 018.

4. The District Adi-Dravidar Welfare Officer, Thanjavur District.

5. The Special Tahsildar, Adi-Dravidar Welfare, Tiruvaiyaru, Thanjavur District.

+1 CC to Mr.P.Gunasekaran,Advocate, SR.No.83859 +1 CC to Mr.C.Prakasam, Advocate, Sr.No.84033 +1 CC to Special Government Pleader, SR.No.84069. vsn SS/SKN/SAR 1/30.11.2018/2P/9C W.P(MD)No.1484 of 2017 and W.M.P(MD)No.1199 of 2017 11.09.2018