WP No.36178 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-09-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.36178 of 2016
C.Manoharan .. Petitioner
vs.
1.The State of Tamil Nadu, Represented by
its Principal Secretary to Government,
Higher Education (C2) Department,
Secretariat,
Chennai-9.
2.The Principal Secretary/Commissioner,
Directorate of Technical Education,
Chennai-25.
3.Mr.K.Chandrasekaran .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents 1
and 2 to promote the petitioner as Instructor on par with Junior namely
Mr.K.Chandrasekaran with all benefits as was given to the petitioner's juniors
in G.O.Ms.No.168, Higher Education (C2) Department, dated 26.09.2014
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https://www.mhc.tn.gov.in/judis
WP No.36178 of 2016
based on this Court's order dated 25.09.2012 in WP No.s.8327 and 8328 of
2011.
For Petitioner : Mr.K.Arumugam
For Respondents-1 and 2 : Mr.B.Vijay,
Additional Government Pleader.
For Respondent-3 : No Appearance
ORDER
The relief sought for in the present writ petition is to direct the respondents 1 and 2 to promote the petitioner as Instructor on par with similarly placed person Mr.K.Chandrasekaran with all benefits.
2. The issues raised in this writ petition were decided by this Court in a batch of writ petitions and the State of Tamil Nadu preferred an appeal in W.A.No.2820 of 2018 & etc., batch of cases.
3. The Hon'ble Division Bench of this Court passed orders on 13.07.2022 and allowed the writ appeals filed by the State with the following observations:
“62. In the light of the above discussion, we 2/4 https://www.mhc.tn.gov.in/judis WP No.36178 of 2016 are not inclined to accept the submission of the respondents. We are of the view that the respondents claim cannot be countenanced for the reason that the post of Instructors is now abolished and the post of the Lecturer is made an entry level post and due to the abolition of the said post it may not be possible to fix the pay scale for the post of Instructor. We are therefore of the view that no purpose would be served if the respondents claim is allowed. On the contrary it may lead to confusion in extending the benefits.
63. In view of the declaration of law by the Hon'ble Supreme Court in the above referred Judgment we allow the writ appeals and dismiss the writ petition. In the circumstances of the case, there shall be no order as to costs. Consequently, the connected Miscellaneous Petitions stands closed.”
4. In view of the judgment of the Hon'ble Division Bench of this Court, the grounds raised in the writ petition are no more res integra and thus, the petitioner is not entitled for the relief as such sought for in the writ petition.
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Svn
5. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.
08-09-2022 Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order. Svn To
1.The Principal Secretary to Government, State of Tamil Nadu, Higher Education (C2) Department, Secretariat, Chennai-9.
2.The Principal Secretary/Commissioner, Directorate of Technical Education, Chennai-25.
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