The Secretary To Govt. v. S.Kulandaisamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI in M.P.[MD]No.1 of 2015 in W.A.[MD]SR.No.17576 of 2015 1.The Secretary to Government, School Education Department, Secretariat, Chennai.

2.The Director of School Education, College Road, Chennai.

... Petitioners Vs.

1.S.Kulandaisamy 2.The Principal Accountant General (A.E.), Thenampet, Tamil Nadu, Chennai.

... Respondents P RAYER:

Civil Miscellaneous Petition filed under Section 151 of the Civil Procedure Code, praying to restore the above M.P.No.1 of 2015 in W.A.Sr.[MD]No.17576 of 2015 which was dismissed for non payment of batta on 08.06.2017.

Prayer in MP(MD). 1/ 2015 in WA(MD).sr17576/2015 : Writ Miscellaneous petition is filed under Article 226 of the Constitution of India, praying to Condone the delay to Condone the delay of 85 days in filing the above appeal filed as against the order dated 07.11.2014 in W.P.(MD)NO.128 of 2012, on the file of this Honourable Court and thus render justice. Prayer in WA(MD).sr17576/2015:

Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court dated 07/11/2014 in WP(MD) No.128/2012 1/3

Prayer in WP(MD). 128/ 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 of the first Respondent relating to Government Letter No.18055/V.E./2011-1, dated 08-08-2011 and quash the same and consequently direct the Respondents to fix the time scale of the petitioner in the cadre of Secondary Grade Teacher with effect from 30-06-1995 and consequently sanction Pension and other retirement benefits from the date of retirement on par with his juniors to the Petitioner within a specified time frame that may be fixed by this Honourable Court. For Petitioners : Mrs.S.Srimathy For Respondent No.1 : Mr.P.Muthupandi For Respondent No.2 : Mr.P.Gunasekaran

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mrs.S.Srimathy, learned Special Government Pleader appearing for the petitioners, Mr.P.Muthupandi, learned Counsel appearing for the first respondent and Mr.P.Gunasekaran, learned Counsel appearing for the second respondent.

2.The learned Special Government Pleader appearing for the petitioners submitted that pursuant to the orders passed in the writ petition, an order has been passed by the Chief Educational Officer, dated 09.01.2019. Hence, nothing survives for consideration in this petition.

3.Accordingly, this petition is dismissed. Consequently, W.A. [MD]No.SR17576 of 2015 is dismissed in the SR stage itself. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Principal Accountant General (A.E.), Thenampet, Tamil Nadu, Chennai.

+1cc to SPL GP Pleader Sr.No.17895 ORDER MADE IN in M.P.[MD]No.1 of 2015 in W.A.[MD]SR.No.17576 of 2015 26.04.2021 CN(18.05.2021) 3P 3C 3/3