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Madras High CourtWP(MD)/26322/2023dismissed

Devikammal S v. The Government Of Tamil Nadu Rep. By The Secretary

2024-10-24Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.26322 of 2023 S.Devikammal ... Petitioner vs

1. The Government of Tamil Nadu Rep. by the Secretary, School Education Department, Fort St. George, Chennai-600 009.

2. The Additional Chief Secretary to the Government of Tamil Nadu, Social Welfare and Women Empowerment (SW.5(1) Department, (Social Defense), Fort. St. George, Chennai-600 009.

3. The District Education Officer, Sivakasi, Virudhunagar District.

4. The Management, Sevanthi Patti Nadar Girls High School, Mamsapuram, Rajapalayam, Virudhunagar District.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondent to consider the petitioner representation dated 02.03.2021 and consequently direct the respondents to extent the benefits as per G.O.Ms.No.216, Finance and Pay Cell Department dated 22.03.1993 which was implemented vide G.O.Ms.No. 90, Education Department dated 09.05.2018 and Government letter in No.13791/A2/2017 Commissioner of Social Defence, Dated 24.08.2020 in light of the order of the Hon'ble Division Bench made in W.A.No.3290/2019 dated 23.09.2019 to the petitioner.

For Petitioner : Mr.K.P.Krishna Doss For Respondent Nos. 1 to 3 : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The instant writ petition has been filed by a Secondary Grade Sewing Teacher seeking a mandamus to confer the benefits as per G.O.Ms.No.216, Finance and Pay Cell Department dated 22.03.1993.

2. A perusal of the affidavit reveals that the petitioner had joined in service as Secondary Grade Sewing Teacher on 01.06.1984. In the year 1994, she was conferred with selection grade. On 01.06.2004, the petitioner was conferred with special grade. The petitioner had attained superannuation on 31.03.2008.

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3. Claiming the benefits under G.O.Ms.No.216, Finance and Pay Cell Department dated 22.03.1993, the petitioner has sent a representation on 02.03.2021, and the present writ petition has been filed on 01.11.2023.

4. The learned Counsel appearing for the writ petitioner had relied upon the Division Bench judgement of this Court in W.A.No.3290 of 2019 dated 23.09.2019 and he contended that after considering the Full Bench Judgement in W.A.No.1744 of 2015, the Hon'ble Division Bench of this Court has taken a different view and therefore the petitioner would also be entitled to get the benefits under G.O.Ms.No.216, Finance and Pay Cell Department dated 22.03.1993.

5. Per contra, the learned Counsel appearing for the 1st respondent had contended that in the case referred by the writ petitioner, the writ petition has been filed in the year 2013, and therefore, the writ petition had been filed within the cut off date fixed by the Hon'ble Full Bench. Hence, there cannot be any quarrel with the order passed by the Hon'ble Division Bench considering the facts of the said case.

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6. A perusal of the order passed by the Hon'ble Full Bench reported in 2017(1) CWC 561 in Para.38, clause 4, reveals that, no fresh writ petitions seeking benefits under G.O.Ms.No.216, Finance and Pay Cell Department dated 22.03.1993 should be entertained on and from 09.12.2016. In the present case, the petitioner had retired on 31.03.2008 and sent a representation on 02.03.2021 and filed the present writ petition before this Court on 01.11.2023, which is clearly outside the cut off date fixed by the Hon'ble Full Bench.

7. In view of the above said facts, there are no merits in this writ petition and the writ petition stands dismissed. No costs. 24.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6

To

1. The Secretary, School Education Department, Fort St. George, Chennai-600 009.

2. The Additional Chief Secretary to the Government of Tamil Nadu, Social Welfare and Women Empowerment (SW.5(1) Department, (Social Defense), Fort. St. George, Chennai-600 009.

3. The District Education Officer, Sivakasi, Virudhunagar District.

4. The Management, Sevanthi Patti Nadar Girls High School, Mamsapuram, Rajapalayam, Virudhunagar District.

5/6

R.VIJAYAKUMAR,J.

gvn W.P(MD)No.26322 of 2023 24.10.2024 6/6