Madras High CourtWMP(MD)/12207/2021dismissed

Shanmugam.P v. The Commissioner Of Elementary Educaiton

2021-08-26Honourable Mr Justice D. Krishnakumar2 pages

WMP(MD) No.12207 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR WMP(MD) No.12207 of 2021 IN WP(MD) No.15309 of 2021 P.SHANMUGAM ... PETITIONER/ PETITIONER Vs 1 THE COMMISSIONER OF ELEMENTARY EDUCAITON, DEPARTMENT OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI.

2 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICER, DINDIGUL DISTRICT, DINDIGUL.

3 THE BLOCK EDUCATIONAL OFFICER, O/O. THE BLOCK EDUCATIONAL OFFICER, REDDIYARCHATRAM, DINDIGUL DISTRICT.

4 THE ACCOUNTANT GENERAL, O/O. THE ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENTS) 361, ANNA SALAI, TEYNAMPET, CHENNAI 600 018.

... RESPONDENTS/ RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an AD-IBNTERIM DIRECTION directing the respondents to disburse the benefit of Selection Grade from 01.06.2009 and disburse the said benefits with an accrued interest thereof pending till the disposal of this Writ Petition.

Prayer in WP(MD). 15309/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.345/A1/2016 dated 18.04.2016 (At the instance impugned order passed by the Assistant Elementary Educational Officer post is now re-designated as a 3rd respondent) and consequential impugned order passed by the 3rd respondent in his proceedings in https://hcservices.ecourts.gov.in/hcservices/ 1/2

WMP(MD) No.12207 of 2021 X.K.vz;.345/m1/2016 dated 30.11.2020 and quash the same s illegal and consequently directing the respondents to disburse the benefit of Selection Grade from 01.06.2009 and disburse the said benefits with an accrued interest thereof within the period that may be stipulated by this Honble Court.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.MOHAMMED IMRAN, Advocate for M/S.AJMAL ASSOCIATES for the petitioner and of Mr.S.SHANMUGAVEL, Counsel for state for the Respondnets 1 to 3 and Mr.P.GUNSEKARAN, Standing Counsel for the 4th Respondent, While admitting the Writ Petition, the court made the following order:- The respondent has passed impugned order for cancellation of selection grade pay to the petitioner. The said order passed on 18.04.2016. The petitioner has stated in his affidavit that the impugned order has been given effect to in the year 2017 itself.

2. Hence, there is no ground for grant of interim order in this petition and consequently, this petition is dismissed. sd/- 26/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE COMMISSIONER OF ELEMENTARY EDUCAITON, DEPARTMENT OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI.

2 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICER, DINDIGUL DISTRICT, DINDIGUL.

3 THE BLOCK EDUCATIONAL OFFICER, O/O. THE BLOCK EDUCATIONAL OFFICER, REDDIYARCHATRAM, DINDIGUL DISTRICT.

4 THE ACCOUNTANT GENERAL, O/O. THE ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENTS) 361, ANNA SALAI, TEYNAMPET, CHENNAI 600 018.

ORDER IN WMP(MD) No.12207 of 2021 IN WP(MD) No.15309 of 2021 Date :26/08/2021 dn MS/PN/SAR-3/02.09.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2