Dr.G.Sundara Raj, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.9587 to 9589 of 2017 G.Sundara Raj, Chief Veterinary Surgeon, Veterinary Dispensary, Killiyoor - 629 171, Kanyakumari District.
... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Department of Animal Husbandary, Dairying and Fisheries, Fort St.George, Chennai-600 009.
2.The Additional Chief Secretary to Government, Finance (CMPC) Department, Fort St.George, Chennai-600 009.
3.The Director of Animal Husbandry and Veterinary Services, College Road, Chennai-600 006.
4.The Joint Director of Animal Husbandry and Veterinary Services (Administration), Thuckalay - 629 175, Kanyakumari District.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Government Letter issued by the 1st respondent in Letter No.8323/AH7/2017, dated 31.05.2017 and the consequential proceedings of the 2nd and 3rd respondents in Letter No.29734/CMPC/2017-1, dated 02.06.2017 and Na.Ka.No.34790/C1/2016 dated 20.06.2017, respectively, to quash the same, in so far as the petitioner is concerned and further, to direct the respondents to release forthwith the pay admissible to the post of Chief Veterinary Surgeon in the scales as fixed under G.O.Ms.No.49, Animal Husbandry, Dairying and Fisheries (AH7) Department dated 28.02.2017, with effect from 29.05.2017. For Petitioner : Mr.D.N.Defin Jeenath for M/s.Isaac Chambers For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader *****
O R D E R
This writ petition is filed for issuance of a writ of Certiorarified Mandamus, to quash the Government Letter issued by the 1st respondent in Letter No.8323/AH7/2017, dated 31.05.2017 and the consequential proceedings of the 2nd and 3rd respondents in Letter No.29734/CMPC/2017-1, dated 02.06.2017 and Na.Ka.No.34790/C1/2016 dated 20.06.2017, respectively, to quash the same, in so far as the petitioner is concerned and further, to direct the respondents to release forthwith the pay admissible to the post of Chief Veterinary Surgeon in the scales as fixed under G.O.Ms.No.49, Animal Husbandry, Dairying and Fisheries (AH7) 2/5
Department dated 28.02.2017, with effect from 29.05.2017. 2.The petitioner is working as a Veterinary Surgeon in the respondent Department. The respondents have issued G.O.Ms.No.49, Animal Husbandry, Dairying and Fisheries (AH7) Department dated 28.02.2017, whereby the respondents proposed to grant additional financial upgradation. Even though the Veterinary Assistant Surgeons who have completed 25 years got two promotions based on the said G.O., the petitioner is claiming benefits of financial upgradation. However, after realizing the financial implications, the respondents have withdrawn the said G.O.Ms.No.49, through G.O.(Ms).No.112, Animal Husbandary, Dairying and Fisheries (AH7) Department, dated 05.06.2018. The said G.O., is passed pending the writ petition. When the petitioner is basing his claim on a withdrawn G.O., the present writ petition cannot be entertained. 3.Therefore, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 04.02.2025 NCC : Yes/No (2/3) Index : Yes / No Internet : Yes/ No Tmg 3/5
To 1.The Principal Secretary, Department of Animal Husbandary, Dairying and Fisheries, Fort St.George, Chennai-600 009.
2.The Additional Chief Secretary to Government, Finance (CMPC) Department, Fort St.George, Chennai-600 009.
3.The Director of Animal Husbandry and Veterinary Services, College Road, Chennai-600 006.
4.The Joint Director of Animal Husbandry and Veterinary Services (Administration), Thuckalay - 629 175, Kanyakumari District.
4/5
S.SRIMATHY, J.
Tmg 04.02.2025 (2/3) 5/5