Madras High Court
The State Of Tamil Nadu vs K.Durairajan on 9 August, 2021
W.A.No.1893 /2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1893 of 2021
and C.M.P.No.12098 of 2021
1. The State of Tamil Nadu,
Rep by the Secretary to Government,
Education Department,
Secretariat, Chennai - 9.
2. The Director of School Education,
College Road, Chennai - 6.
3. The Chief Educational Officer,
Thanjavoor .. Appellants
Vs.
K.Durairajan ...Respondent
***
Prayer : Writ Appeal filed under Clause 15 of Letters Patent praying to set
aside the order dated 10.08.2017 made in W.P.No.22293 of 2012.
***
For Appellants : Mr.R.Neelagandan
State Government Counsel
For Respondent : Mr.M.Muruganantham
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W.A.No.1893 /2021
JUDGEMENT
(Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J)
The appeal is filed by the Education authorities against the order passed
in W.P.No.22293 of 2012 dated 10.08.2017, wherein, this Court had issued a
mandamus, directing the authorities to send the proposal for payment of the
Special Grade Scale of Pay for the post of Middle School Headmaster to the
writ petitioner with effect from 01.06.1988, as per G.O.Ms.No.146, School
Education Department dated 19.06.2012. Further, it was stated that, after the
proposal was sent, the first appellant was directed to consider the same and
extend all benefits to the writ petitioner. It was also made clear that the writ
petitioner would be entitled to consequential increase in the pensionary
benefits, including monthly pension, in the light of the said G.O.Ms.No.146.
2. Now, after the order in the Writ Petition was passed, the writ
petitioner seems to have filed Contempt Petition No.2026 of 2019 before this
writ appeal is filed by the Government, pursuant to which, the order of the
learned Single Judge was complied with by the appellants, in particular, the
third appellant in his proceedings in Na.Ka.No.5096/C2/2018 dated
17.02.2020. In the said order, it is stated that in order to avoid the contempt
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W.A.No.1893 /2021
proceedings, the order of the learned Single Judge was complied with, subject
to the outcome of the writ appeal.
3. As already the amounts payable to the writ petitioner based on the
said G.O.No.146, are paid, the order of the learned Single Judge is complied
with. Hence, nothing further survives for adjudication in this Writ Appeal.
Hence, the Writ Appeal is dismissed as infructuous. No costs. Consequently,
connected miscellaneous petition is closed.
(P.S.N., J.) (K.R., J.)
09.08.2021
Index : Yes / No
Internet: Yes
srn
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W.A.No.1893 /2021
PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
srn
W.A.No.1893 of 2021
and C.M.P.No.12098 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
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