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Madras High Court

R.Padmanaban vs The Government Of Tamil Nadu on 15 October, 2020

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                    W.P.(MD)Nos.7847 and 7848 of 2014


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 15.10.2020
                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                       W.P.(MD)Nos.7847 and 7848 of 2014


                      W.P.(MD)No.7847 of 2014


                      R.Padmanaban                               ... Petitioner

                                                         Vs.

                      1.The Government of Tamil Nadu,
                        represented by its Secretary,
                        Finance (Pay Cell) Department,
                        St.George Fort, Chennai.

                      2.The Commissioner of Technical Education,
                        The Directorate of Technical Education,
                        Guindy-600 025.

                      3.The Principal,
                        Government Polytechnic,
                        Thoothukudi District.                     ... Respondents

                      PRAYER: Petition filed under Article 226 of the Constitution of India,
                      to issue a Writ of Mandamus to direct the respondents to refix the salary
                      of the petitioner as per G.O.Ms.No.338, Finance (Pay Cell) Department


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                                                                     W.P.(MD)Nos.7847 and 7848 of 2014


                      dated 26.08.2010 and pay the arrears along with interest and further
                      directing the respondents to refix the pension of the petitioner as
                      G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013 and
                      pay the arrears along with interest.


                      W.P.(MD)No.7848 of 2014


                      A.Rengasamy                                  ... Petitioner

                                                             Vs.

                      1.The Government of Tamil Nadu,
                        represented by its Secretary,
                        Finance (Pay Cell) Department,
                        St.George Fort, Chennai.

                      2.The Commissioner of Technical Education,
                        The Directorate of Technical Education,
                        Guindy-600 025.

                      3.The Principal,
                        Government Polytechnic,
                        Thoothukudi District.                      ... Respondents

                      PRAYER: Petition filed under Article 226 of the Constitution of India,
                      to issue a Writ of Mandamus to direct the respondents to refix the salary
                      of the petitioner as per G.O.Ms.No.338, Finance (Pay Cell) Department
                      dated 26.08.2010 and pay the arrears along with interest and further
                      directing the respondents to refix the pension of the petitioner as
                      G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013 and
                      pay the arrears along with interest.


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                                                                      W.P.(MD)Nos.7847 and 7848 of 2014



                                    For Petitioner
                                    in both petitions   : Mr.G.Prabhu Rajadurai

                                    For Respondents
                                    in both petitions : Mr.P.Mahendran
                                                      Additional Government Pleader


                                                 COMMON ORDER


Both the writ petitions have been filed seeking a direction to direct the respondents to refix the salary of the petitioner as per G.O.Ms.No.338, Finance (Pay Cell) Department dated 26.08.2010 and pay the arrears along with interest and further directing the respondents to refix the pension of the petitioner as G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013 and pay the arrears along with interest. The grievance of the petitioners is that they are entitled for pension as per G.O.Ms.No.314 Finance (Pay Cell) Department dated 22.07.2013.

2. It is brought to the notice of this Court that the writ petition filed by the similar pensioner was allowed and against the said order, an 3/6 http://www.judis.nic.in W.P.(MD)Nos.7847 and 7848 of 2014 appeal was preferred in W.A.No.788 of 2013. The said appeal is pending before the Honourable Division Bench of this Court.

3. This being the factum established, no purpose would be served in keeping these writ petitions pending. The case of the writ petitioners is to be considered based on the orders to be passed by the Honourable Division Bench of this Court in W.A.No.788 of 2013. The writ petitioners are permitted to submit a representation after the disposal of the writ appeal to the competent authorities along with the relevant documents and in the event of submitting the said representations after the disposal of the writ appeal, the same have to be considered on merits and in accordance with law.

4. With the above observations, both the Writ Petitions are disposed of. No costs.

15.10.2020 Index:Yes/No Internet:Yes/No SSL 4/6 http://www.judis.nic.in W.P.(MD)Nos.7847 and 7848 of 2014 To

1.The Secretary, Government of Tamil Nadu, Finance (Pay Cell) Department, St.George Fort, Chennai.

2.The Commissioner of Technical Education, The Directorate of Technical Education, Guindy-600 025.

3.The Principal, Government Polytechnic, Thoothukudi District.

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