Madras High CourtWP(MD)/18106/2021withdrawn dismissed

Mary Glory.M v. The Principal Secretary To Government

2021-10-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)No. 14935 of 2021 M. Mary Glory Head Master, Panchayat Union Middle School, Ponnanpadugai, K. Mayiladumparai Panchayat Union, Kumananthozhy (Post), Andipatti (Taluk), Theni District -625 512.

... Petitioner Vs.

1.The Principal Secretary to Government, Finance (CMPC) Department, Secretariat, Chennai - 600 009.

2.The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

3.The Chief Educational Officer, 4.The District Educational Officer, (Formerly District Elementary Educational Officer) Theni.

5.The Block Educational Officer, (Formerly Assistant Elementary Educational Officer) ayiladumparai, Andipatti Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for the issuance of of a Writ of Certioratified Mandamus, calling for the records relating to the order Na.Ka.No.77/A1/2016 dated 08.03.2016 and the consequential order Na.Ka.No.346/A2/2018 dated 08.05.2018 passed by the fifth respondent and quash the same and consequently direct the respondents to restore the pay of the petitioner in the Selection Grade Scale of pay of Primary School Headmaster i.e. Rs.15600 -39100 + GP 5400 with effect from 01.01.2006 as ordered in Govt., Finance (CMPC) Department, letter No. 14483/CMPC/2011-1 dated 05.01.2012 and in the order Na.Ka.No.160/A1/2013 dated 18.04.2013 passed by the fifth respondent 1/3

and grant the monetary benefits from 01.01.2011 and further direct the respondents to refund the alleged excess amount of Rs.3,87,402/- recovered from the petitioner with interest at 6 % per annum from the date of recovery to till date of refund within a time limit to be fixed by this court and pass orders.

For Petitioner : Mr. A. Thirumurthy For Respondents : Mr.A.K.Manikkam, Standing Counsel for State.

ORDER

Mr. A. Thirumurthy, learned Counsel appearing for the petitioner informed the Court that the petitioner has submitted a letter to the Registry to withdraw the aforesaid writ petition.

2. In view of the said submissions made by the learned Counsel appearing for the petitioner, the writ petition stands dismissed as withdrawn. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 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 1.The Principal Secretary to Government, Finance (CMPC) Department, Secretariat, Chennai - 600 009.

2.The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

3.The Chief Educational Officer, 2/3

4.The District Educational Officer, (Formerly District Elementary Educational Officer) Theni.

5.The Block Educational Officer, (Formerly Assistant Elementary Educational Officer) Mayiladumparai, Andipatti Taluk, +1 CC to M/s.A.THIRUMURTHY, Advocate (SR-33494[F] dated 01/11/2021) +1 CC to M/s.SPL.GP (SR-33340[F] dated 01/11/2021) and W.M.P(MD)No. 14935 of 2021 29.10.2021 AM(CO) GC/JGB(17.11.2021) 3P 8C 3/3