C.Elumalai vs The State Of Tamilnadu Represented By
2024 Latest Caselaw 15647 Mad

Madras High Court

C.Elumalai vs The State Of Tamilnadu Represented By on 12 August, 2024

                                                                                     W.P. No.19937 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 12.08.2024

                                                           CORAM :

                                  THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH

                                                      W.P.No.19937 of 2021

                    C.Elumalai                                                  ... Petitioner
                                                                Vs.

                    1.The State of Tamilnadu represented by
                      its Secretary to Government,
                      School Education Department,
                      Fort St George, Chennai 600 009.

                    2.The Directorate of Public Libraries,
                      Annasalai Chennai 600 002.                                 …Respondents

                    Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                    praying for issuance of Writ of Mandamus, directing the respondents to give
                    notional promotion to the petitioner to the post of Grade I Librarian with
                    effect from 22.07.1998 in the light of the Judgment rendered by this Court in
                    W.P.No.18707 of 2007 and a batch of cases dated 08.04.2009 confirmed in
                    W.A.No.1173 of 2010 and a batch of cases dated 20.09.2010 which was
                    confirmed by the Hon'ble Supreme Court in Civil Appeal Nos.1104-1107 of
                    2015 and Civil Appeal No.1108 of 2015 dated 21.01.2015 and consequently
                    revise his pension and grant him all consequential benefits.


                                     For Petitioner         :    Mr.S.Selvathirumurugan

                    Page No.1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                 W.P. No.19937 of 2021



                                   For Respondents        :   Mr.S.Prabhakaran
                                                              Government Advocate


                                                     ORDER

When the matter is taken up for hearing, the learned Government

Advocate appearing on behalf of the respondents submitted that a similar case

in W.P.No.10742 of 2015 filed by N.Balasubramanian and others has been

dismissed by the Madurai Bench of this Court, in its order dated 04.01.2022

on the ground that notional promotion with retrospective effect has been

given and revised pensionary benefits have also been sanctioned to the retired

employees including the petitioner.

2.The issue raised in this writ petition has already been settled in

W.P.No.10742 of 2014 and there is no necessity to pass any orders in this writ

petition and hence, the prayer sought for in this petition has become

infructuous.

https://www.mhc.tn.gov.in/judis

3. Therefore, this Writ Petition is dismissed as infructuous. No costs.

                                                                                             12.08.2024


                    Index                 :      Yes/No
                    Speaking Order        :      Yes/No
                    vkr




                    To:

                    1.The Secretary to Government,
                      School Education Department,
                      Fort St George, Chennai 600 009.

2.The Directorate of Public Libraries, Annasalai Chennai 600 002.

VIVEK KUMAR SINGH,J.

https://www.mhc.tn.gov.in/judis

vkr

12.08.2024

https://www.mhc.tn.gov.in/judis