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Madras High CourtWP(MD)/11654/2011dismissed

D. Radhakrishnan v. The Government Of India

2017-01-05Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 23.11.2016 PRONOUNCED ON : 05.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.11654 of 2011 D.Radhakrishnan ... Petitioner -vs1.The Government of India rep.by its Secretary Ministry of Defence, New Delhi 2.The Heavy Alloy Penetrator Project Government of India rep.by the Senior General Manager Heavy Alloy Penetrator Project Ministry of Defence, Trichy-25 3.Sri Ramakrishna Dapovanam Tiruparaithurai rep.by its President Sri Ramakrishna Dapovanam Tiruparaithurai, Trichirapalli District ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to pay the arrears of salary as per 6th Pay Commission from 01.01.2007 to 03.10.2010 to the petitioner. For Petitioner :

Mr.S.Muthukrishnan For Respondents :

Mr.C.Nandagopal, C.G.S.C., for R1 & R2 Mr.D.Nallathambi for R3

O R D E R

The prayer in this writ petition is for issuance of a writ of mandamus to direct the second respondent to pay the arrears of salary, as per 6th Pay Commission, from 01.01.2007 to 03.10.2010, to the petitioner.

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2.

The writ petitioner was initially appointed as a B.T.Assistant, in the third respondent School on 06.09.1994, and thereafter, on 04.10.2010, he had joined the Government Higher Secondary School, Mathur, Pudukkottai District. On 01.07.2011, this Court granted a positive direction, in M.P.(MD) No.4 of 2009 in W.P.(MD) No.12110 of 2009, directing the second respondent to pay the revised salary that was given to the Tamil Nadu Government employees as well as arrears to the petitioners therein. But, the petitioner herein was not a party in W.P.(MD) No.12110 of 2009. Therefore, the claim of the petitioner is not sustainable.

3. In the result, the writ petition fails and it is dismissed. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1.The Secretary, Government of India, Ministry of Defence, New Delhi.

2. The Senior General Manager The Heavy Alloy Penetrator Project Government of India Heavy Alloy Penetrator Project Ministry of Defence, Trichy-25 PRE-DELIVERY ORDER IN W.P.(MD) No.11654 of 2011 05.01.2017 SMA/SV/25.01.2017:2P/3C https://hcservices.ecourts.gov.in/hcservices/