The Secretary To Government, v. T.Subramanian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.(MD)No.527 of 2014 and M.P.(MD)No.1 of 2014 1.The Secretary to Government, Department of Education, Fort St.George, Secretariate, Chennai -600 009.

2.The Director, Department of Elementary Education, College Road, Chennai - 600 006.

3.The District Elementary Educational Officer, Trichy District, M.R.G.Building, Sadhuramanpillai Colony, Trichy -1.

... Appellants Vs.

1.T.Subramanian 2.The Secretary, represented by Puluvar M.Manoharan, Parimanam Aided Elementary School, Bharathipuram, Thiruverumbur Saragam, Trichy - 620 014.

... Respondents 1/4

PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 06.08.2011 passed by this Court in W.P(MD)No. 7868 of 2011.

For Appellants :Mr.V.Om Prakash Government Advocate For R1 :Mr.D.Gnanasekaran For R2 :No Appearance ****

JUDGMENT

(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.) Heard the submissions of Mr.V.Om Prakash, learned Government Advocate for the appellants and Mr.D.Gnanasekaran, learned Counsel for the first respondent.

2.The learned Government Advocate would fairly accede to the position that the issue that arises in the matter stands covered in favour of the first respondent by virtue of an order of Full Bench of this Court in the case of Government of Tamilnadu represented by the Secretary and others vs G.Eswaran and others [(2017) 2 MLJ 257] that has been followed subsequently in Writ Appeals and Review Applications. 2/4

3.One such order passed in a batch of Review Applications and Writ Appeals in Rev.Aplc(Md)No.35 of 2018 and batch where, by order dated 19.03.2018, referring to the decision of the Full Bench (Supra), the appeals/review applications filed by the State have been disposed. The Government was directed to expedite the process of calculation and fixation of the pension and family pension expeditiously and in any event, within six months from date of receipt of a copy of that order. 4.That order was passed in March 2018 and hence, while disposing the Writ Appeal and reiterating the direction as above, we grant the appellants three months to comply with the direction in full. 5.The Writ Appeal stands disposed of in terms of the above order. No costs. Consequently, connected miscellaneous petition is closed.

[A.S.M.J.,] & [R.V.J.,] NCC :Yes/No 07.07.2023 Index :Yes/No Internet :Yes cmr 3/4

DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

cmr W.A.(MD)No.527 of 2014 Dated:

07.07.2023 4/4