Madras High CourtWMP(MD)/16934/2018ordered

P.Dhanapackiathai, v. Secretary To Government,

2018-09-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Fourth day of September Two Thousand Eighteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU WMP(MD) No.16934 of 2018 IN WP(MD) No.5349 of 2012 P.DHANAPACKIATHAI ... PETITIONER/PETITIONER Vs 1 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION,FORT ST. GEORGE, CHENNAI - 600006.

2 THE DIRECTOR OF SCHOOL EDUCATION, COLLAGE ROAD, CHENNAI - 600006.

3 THE DIRECTOR OF ELEMENTARY SCHOOL EDUCATION, COLLAGE ROAD, CHENNAI - 600006.

4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, VIRUDHUNAGAR - 626001.

5 THE ACCOUNTANT GENERAL, (ACCOUNTS AND ENTITLEMENTS) TAMIL NADU, NO.361, ANNA SALAI, CHENNAI - 600018 ... RESPONDENTS IN WMP(MD) No.16934 of 2018 PRAYER IN WMP(MD) 16934/2018:

Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to set aside the order of dismissal dated 21.02.2018 passed in the above writ petition and to restore the same.

Prayer in WP(MD). 5349/ 2012 :

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 proceedings in O.M.No. 113729/R1/E3/2011 dated 20.12.2011 on the file of the second respondent herein and to quash the same and direct the respondents 1 to 3 to regularise the services of the petitioner with effect from 30.11.1964 being the date of her entry into the service or any such date as this Honourable Court may deem fit and fix and pay the petitioner all her arrears of pay calculated at the time scale of pay from the date of her regularisation till payment and direct the respondents to pay the pension and all other https://hcservices.ecourts.gov.in/hcservices/

attendant benefits including gratuity to the petitioner on the revision of the scale of pay together with interest for all the payments within the time frame as may be fixed by this Court. ORDER: This Writ Miscellaneous Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Ms.Jessi Jeeva Priya, Advocate for the Petitioner, this Court made the following order:

Having satisfied with the reasons stated in the affidavit filed in support of the petition and also considering the no objection endorsed by the other side, this petition seeking restoration of W.P.(MD)No.5349 of 2012, which was dismissed for non-prosecution on 21.02.2018, is accordingly, ordered.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar (CS-I) TO 1 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION,FORT ST. GEORGE, CHENNAI - 600006.

2 THE DIRECTOR OF SCHOOL EDUCATION, COLLAGE ROAD, CHENNAI - 600006. 3 THE DIRECTOR OF ELEMENTARY SCHOOL EDUCATION, COLLAGE ROAD, CHENNAI - 600006.

4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, VIRUDHUNAGAR - 626001.

COPY TO THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATED:04.09.2018

ORDER

WMP(MD) No.16934 of 2018 IN WP(MD) No.5349 of 2012 DIRECTION GIVEN ETC., AS STATED WITHIN.

KK/SV/SAR-1/11.09.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/