Madras High Court
State Of Tamil Nadu vs V. Sudhahar Saravanan on 21 September, 2021
W.A.No. 2373 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.2373 of 2021 and
C.M.P.No.15156 of 2021
1. State of Tamil Nadu,
Rep. by The Principal Secretary to Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
2. The Director of Public Libraries,
Anna Salai,
Chennai.
3. The District Library Officer,
1st Floor, District central library Building,
Chengam saalai,
Thiruvannamalai 606 603 ... Appellants
-vs-
V. Sudhahar Saravanan ... Respondent
Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set
aside the order dated 13.08.2018 passed in W.P.No.4817 of 2018 and allow
the Writ Appeal.
For Appellants : Mr.K.V.Sajeev Kumar,
Govt. Counsel
1/5
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W.A.No. 2373 of 2021
*****
JUDGMENT
S.VAIDYANATHAN,J.,
and
A.A.NAKKIRAN,J.,
This Writ Appeal has been preferred against the order of the learned
Single Judge dated 13.08.2018, passed in W.P.No.4817 of 2018.
2. It is submitted by the Appellants that the issue is covered by the
decision of the Full Bench of this Court dated 03.12.2019 in Writ Appeal
Nos.158, 314, 315, 316, 317, 343, 426, 455, 490, 536, 541, 610 and 1235 of
2016, etc. batch and in the light of the ratio laid down therein, the Writ
Petitioner / Respondent herein is not entitled to any relief. It is further
submitted that learned Single Judge, without taking into account the said
aspect, has disposed of the matter with a direction to reconsider the claim of
the Respondent, which warrants interference by this Court.
3. A cursory glance at the order of the learned Single Judge shows
that learned Single Judge has elaborately discussed various provisions of
the Rules in the order. It is seen that based on the submissions made by the
learned Additional Government Pleader in the Writ Petition that Rule 11(4)
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W.A.No. 2373 of 2021
of the Tamil Nadu Pension Rules, 1978, prescribing the cut off date as
01.04.2003 for counting the retirement benefits along with regular service,
was quashed by this Court on 18.06.2014 and that no appeal has been
preferred against the order dated 18.06.2014, a positive direction was
issued by the learned Single Judge for re-consideration of the case of the
Respondent herein in respect of the grant of the relief of counting 50% of
the service rendered by the Respondent on temporary basis.
4. In such view of the matter, we do not find any perversity in the
order of the learned Single Judge. If at all the Appellants have got any
grievance, the only remedy available to them is to move the learned Single
Judge by filing a Review Petition. Finding no reason whatsoever to interfere
with the order of the learned Single Judge, this Writ Appeal is dismissed. It
is made clear that this judgment will not preclude the Appellants to file a
Review Petition before the learned Single Judge, if so advised. No costs.
Consequently, connected Miscellaneous Petition is closed.
[S.V.N.,J.,] [A.A.N.,J]
21.09.2021
Index: Yes/no
Internet: Yes/no
arr
https://www.mhc.tn.gov.in/judis
W.A.No. 2373 of 2021
S.VAIDYANATHAN,J.,
and
A.A.NAKKIRAN,J.,
arr
W.A.No.2373 of 2021
https://www.mhc.tn.gov.in/judis
W.A.No. 2373 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis
