The Principal Secretary To v. S.Gandhi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty First day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice P.D.AUDIKESAVALU CMP(MD) No.9745 of 2018 IN WA(MD) No.SR39517 of 2018 1.THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION (G2) DEPARTMENT, CHENNAI.
2.THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI.
3.THE DISTRICT ELEMENTARY EDUCATION OFFICER, COLLECTORATE, KARUR DISTRICT, KARUR.
4.THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KRISHNARAYAPURAM, KARUR DISTRICT.
... PETITIONERS/APPELLANTS Vs S.GANDHI, ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 143 days in filing the Writ Appeal against the order dated 01.03.2018 passed in W.P.(MD)No.18518 of 2013 and render justice.
PRAYER IN WA(MD) No.SR39517 of 2018:- To set aside the order dated 01.03.2018 passed in WP(MD). No.18518 of 2013.
PRAYER IN WP(MD).No.18518 of 2013:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to extend the benefits of G.O.Ms.No.234 Education (G2) Department,
dated 10.09.2009 and to count the service rendered by the Petitioner prior to 1.6.1988 as Secondary Grade Teacher for the purpose of fixation and grant of Selection and Special Grade Scale of Pay in the post of Primary School Headmaster with all consequential benefits including payment of arrears of pay and allowances and refixation of pension and payment of arrears as applicable to the Petitioner.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs.S.SRIMATHY, Advocate for the petitioner and Respondent not appeared either in person or by an advocate, the court made the following order:- [Order of the Court was made by K.K.SASIDHARAN, J.] This petition has been filed to condone the delay of 143 days in filing the appeal against the order dated 01.03.2018 in W.P.[MD] No.18518 of 2013.
2.Heard the learned Special Government Pleader on behalf of the petitioners. None appears on behalf of the respondent, in spite of printing his name in the cause-list.
3.In view of the reasons found mentioned in the affidavit filed in support of the Miscellaneous Petition, the delay of 143 days is condoned.
sd/- 21/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION (G2) DEPARTMENT, CHENNAI.
2.THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI.
3.THE DISTRICT ELEMENTARY EDUCATION OFFICER, COLLECTORATE, KARUR DISTRICT, KARUR.
4.THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KRISHNARAYAPURAM, KARUR DISTRICT.
ORDER
IN CMP(MD) No.9745 of 2018 IN WA(MD) No.SR39517 of 2018 Date :21/12/2018 AE/JC/SAR4/08.01.2019/3P/5C