Madras High Court
R.Santha vs The Government Of Tamil Nadu on 26 August, 2021
W.P.(MD) No.16716 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.16716 of 2019
and W.M.P.(MD)No. 13323 of 2019
R.Santha ... Petitioner
-vs-
1.The Government of Tamil Nadu,
Rep. By the secretary to the Government,
Adi Dravidar & Tribal Welfare Department,
Fort St. George, Chennai-600 009.
2.The Director of Tribal Welfare,
Chepauk, Chennai-600 005.
3.The District Adi Dravidar anf Tribal Welfare Officer,
Kanya Kumari District @ Nagarcoil.
4.The Special Tahsildhar,
Adi Dravidar Welfare,
Kalkulam Taluk,
Kanya Kumari District.
5.The Accountant General,
Tamil Nadu, Teynampet,
Chennai-600 018
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W.P.(MD) No.16716 of 2019
6.The Assistant Accounts Officer,
District Adi Dravidar and Tribal Welfare Office,
Kanya Kumari District Collectrate,
Nagercoil,
Kanya Kumari District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
writ of certiorarified mandamus, to call for the records of the impugned
proceedings issued by the 2nd respondent in Na.Ka.No.PA.ME/E1/2845/2019
dated 19.06.2019 and to quash the same and consequently extend the benefits of
G.O.Ms.No.62, Finance (CMPC) Department dated 09.03.2015 and G.O.Ms.No.
96, Finance (CMPC) Department dated 17.03.2016 with effect from 01.06.1988
and subsequently, refix the pay and pay all consequential monetary benefits and
fix the pension of the petitioner within a time frame that may be stipulated by this
court.
For Petitioner : Mrs.L.Victoria Gowri
For Respondents : Mr.S.Shanmugavel,
Standing Counsel for State for R1 to R4 & R6
Mr.P.Gunasekaran, for R5
ORDER
The prayer in this writ petition is for issuance of a writ of
certiorarified mandamus to quash the order dated 19.06.2019, passed by the
second respondent and to direct the respondents to extend the benefits of
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W.P.(MD) No.16716 of 2019
G.O.Ms.No.62, Finance (CMPC) Department dated 09.03.2015 and G.O.Ms.No.
96, Finance (CMPC) Department dated 17.03.2016 with effect from 01.06.1988
and subsequently, refix the pay and pay all consequential monetary benefits and
fix the pension of the petitioner.
2. The case of the petitioner is that she was appointed as Secondary
Grade Teacher on 29.07.1976 in the Adi Dravidar Residential Government Higher
Secondary School at Pechiparai. She was awarded with Selection grade on
completion of 10 years of her service and thereafter, she was awarded with
Special Grade on completion of 20 years of her service. She retired from service
on 30.06.2008, on attaining the age of superannuation. The petitioner made
representations dated 18.07.2017 and 08.08.2017, seeking to extend the benefits
of G.O.Ms.No.62, Finance (CMPC) Department dated 09.03.2015 and
G.O.Ms.No.96, Finance (CMPC) Department dated 17.03.2016 with effect from
01.06.1988 and subsequently refix the pay and pay all consequential monetary
benefits and fix the pension. However, the said request was rejected by the
second respondent. Challenging the same, the present Writ Petition has been
filed.
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W.P.(MD) No.16716 of 2019
3. Heard the learned counsel appearing for the petitioner and learned
Standing Counsel appearing for the respondents.
4. This issue has been raised in several writ petitions and the said
Writ Petitions were dismissed by this Court. As against the same, Writ Appeals
have been filed and the said Writ Appeals were disposed of by the Division Bench
of this Court. As against the said judgment, the respondents Government have
preferred review applications in Rev.Apln.No.227 of 2015 [The Government of
Tamil Nadu, School Education Department, Chennai Vs. G.Eswaran] and etc.,
batch and the Full Bench of this Court, by order dated 09.12.2016, disposed of
the said Review applications. In the said order, the Hon'ble Full Bench of this
Court specifically stated that the benefits of G.O.Ms.No.216, Finance (PC)
Department, dated 22.3.1993 shall be extended to the parties, who are before this
Court alone and no fresh writ petitions would be entertained on and from
09.12.2016. In the present case on hand, this Writ Petition has been filed on
25.07.2019.
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W.P.(MD) No.16716 of 2019
5. Therefore, in the light of the directions issued by the Full Bench of
this Court in the Review Applications, this Writ Petition is liable to be rejected.
Accordingly, this Writ Petition is dismissed. No costs. Consequently connected
miscellaneous petition is closed.
26.08.2021
Index : Yes / No
Internet : Yes / No
vsm
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.16716 of 2019
D.KRISHNAKUMAR, J.
vsm
To:
1.The secretary to the Government,
Government of Tamil Nadu,
Adi Dravidar & Tribal Welfare Department,
Fort St. George, Chennai-600 009.
2.The Director of Tribal Welfare,
Chepauk, Chennai-600 005.
3.The District Adi Dravidar anf Tribal Welfare Officer,
Kanya Kumari District @ Nagarcoil.
W.P.(MD) No.16716 of 2019
and W.M.P.(MD)No.13323 of 2019
4.The Special Tahsildhar,
Adi Dravidar Welfare,
Kalkulam Taluk,
Kanya Kumari District.
5.The Accountant General,
Tamil Nadu, Teynampet,
Chennai-600 018
6.The Assistant Accounts Officer,
District Adi Dravidar and Tribal Welfare Office,
Kanya Kumari District Collectrate,
Nagercoil,
Kanya Kumari District.
26.08.2021
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https://www.mhc.tn.gov.in/judis/
