Madras High CourtWP(MD)/17429/2017dismissed as infructuous

S.Vasantha, v. The Government Of Tamilnadu,

2024-09-30Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2024

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.13965 & 13966 of 2017 S.Vasantha : Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai.

2.The Chief Educational Officer, Tuticorin, Tuticorin District.

3.The Regional Accounts Officer (Audit), School Education Department, Madurai - 2.

4.The Headmaster, Arulmigu Aandavar Government Boys Higher Secondary School, Tiruchuandur - 628 215, Tuticorin District.

: Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records relating to para 7(iii) of impugned G.O.(Ms).No.177, School Education Department dated 13.10.2016 and the consequential impugned audit objection made in Na.Ka.No.853/A4/2017 dated 24.04.2017 of the third respondent herein and quash the same and consequently direct the respondents herein to award incentive increment for petitioner's M.Phil degree with effect from the date of appointment as physical educational teacher Grade-II namely 06.12.2010 with all other attendant benefits including arrears. For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mr.T.Amjad Khan Government Advocate

O R D E R

Learned Counsel for the petitioner submits that subsequent to the filing of this Writ Petition, the recovery order issued against the very same petitioner was challenged and the same was quashed by order of this Court dated 04.02.2022 passed in W.P.(MD)No.5323 of 2018. The order dated 04.02.2022 passed in W.P.(MD)No.5323 of 2018 has also been placed on record before this Court by learned Counsel for the petitioner.

2/5

2.In view of the aforesaid order which is the subsequent development pursuant to the filing of this writ petition, this Court after recording the aforesaid order dated 04.02.2022 passed by this Court in W.P.(MD)No.5323 of 2018 and in view of the submissions made by the learned Counsel for the petitioner, is dismissing this Writ Petition as infructuous.

3.Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 30.09.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai.

2.The Chief Educational Officer, Tuticorin, Tuticorin District.

3.The Regional Accounts Officer (Audit), School Education Department, Madurai - 2.

4.The Headmaster, Arulmigu Aandavar Government Boys Higher Secondary School, Tiruchuandur - 628 215, Tuticorin District.

4/5

ABDUL QUDDHOSE , J.

MR 30.09.2024 5/5