Madras High Court
S.Krishnan vs The State Of Tamil Nadu on 16 August, 2022
W.P.No.12695 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.12695 of 2015
S.Krishnan ...Petitioner
Vs.
1.The State of Tamil Nadu,
Rep.by its Principal Secretary to Government,
Higher Education (C2) Department,
Secretariat,
Chennai – 9.
2.The Principal Secretary/Commissioner,
Director of Technical Education,
Chennai – 25. ..Respondents
Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for the records connected in
Letter No.6761/C2/09-6, dated 7.1.2010 of the 1st respondent and quash the
same and direct the respondents to promote the petitioner as Instructor as per
the Rules with all benefits as given to others based on the High Court orders.
For Petitioner : Mr.A.R.Suresh
For Mr.K.Sannjay & N.Nethaji
For R1 and R2 : Mr.M.Bindran
Additional Government Pleader
ORDER
https://www.mhc.tn.gov.in/judis
W.P.No.12695 of 2015
The writ petition has been filed, questioning the validity of the letter
dated 07.01.2010 issued by the first respondent and to direct the respondents
to promote the petitioner as Instructor 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 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.
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W.P.No.12695 of 2015
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, 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 and
accordingly, the writ petition stands dismissed. No costs.
16.08.2022
Index : Yes
Speaking order:Yes
kak
To
1.The Principal Secretary to Government,
Higher Education (C2) Department,
Secretariat,
Chennai – 9.
2.The Principal Secretary/Commissioner,
Director of Technical Education,
Chennai – 25.
https://www.mhc.tn.gov.in/judis
W.P.No.12695 of 2015
S.M.SUBRAMANIAM, J.
kak
W.P.No.12695 of 2015
16.08.2022
https://www.mhc.tn.gov.in/judis
