Madras High Court
R.Shankar vs The Government Of Tamilnadu on 23 September, 2019
Bench: S.Manikumar, D.Krishnakumar
W.A.No.3290 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.A.No.3290 of 2019
and
C.M.P.Nos.20981 and 20982 of 2019
R.Shankar ... Appellant
vs.
1.The Government of Tamilnadu,
rep. by the Secretary,
School Education Department,
Secretariat, Chennai-600 009.
2.The Director of School Education (Higher Secondary),
College Road, Nungambakkam,
Chennai-600 006.
3.The Chief Education Officer,
Thiruvallur District,
Thiruvallur.
4.The Chief Education Officer,
Vellore District, Vellore.
5.The Chief Educational Officer,
Cuddalore District, Cuddalore.
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W.A.No.3290 of 2019
6.The Chief Educational Officer,
Ariyalur District, Ariyalur.
7. The Chief Educational Officer,
Pudukottai District, Pudukottai.
8. The Chief Educational Officer,
Perambalur District,
Perambalur.
9. The Chief Educational Officer,
Thiruvannamalai District,
Thiruvannamalai.
10. The Chief Educational Officer,
Trichy District,
Trichy.
11. The Chief Educational Officer,
Namakkal District,
Namakkal.
12. The Chief Educational Officer,
Kanyakumari District,
Kanyakumari.
13. The Chief Educational Officer,
Thirunelveli District,
Thirunelveli.
14. The Chief Educational Officer,
Thoothukudi District.
Thoothukudi.
15. The Chief Educational Officer,
Karur District, Karur.
16. The Chief Educational Officer,
Thirupur District, Thirupur.
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W.A.No.3290 of 2019
17. The Commissioner of Welfare / Differently Abled,
SRP Compound, Nehru Inner Round Road,
K.K.Nagar, Chennai - 78.
18. The District Rehabilitation Officer,
Collectorate Compound,
Thirunelveli. ... Respondents
Prayer: Writ Appeal is filed under Clause 15 of Letters Patent, against
the order made in W.P.No.6809 of 2013, dated 18.11.2013.
For Appellant : Mr.R.Singaravelan
Senior Counsel.
For Respondents : Mr.K.Karthikeyan
Government Advocate.
JUDGMENT
(Judgment of the Court was made by S.MANIKUMAR, J) Instant writ appeal has been filed against the order made in W.P.No.6809 of 2013, dated 18.11.2013.
2. Short facts leading to the filing of the appeal are that the writ petitioner/appellant was working as a Secondary Grade Teacher in the Government High School/Higher Secondary School, governed by the Tamil Nadu Educational Subordinate Service Rules and under the http://www.judis.nic.in 3/24 W.A.No.3290 of 2019 control of the Directorate of School Education. But, on completion of 10 years and 20 years of his services, he claimed Selection Grade and Special Grade pay of Primary School Headmaster, while the Primary School Headmasters belong to a different service and governed by the Tamil Nadu Elementary Education Subordinate Service Rules and under the control of the Directorate of Elementary Education, Chennai.
3. According to the writ petitioner, as per G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993, he is entitled to Selection Grade and Special Grade Pay of Primary School Headmasters. He has relied on the judgement of a Hon'ble Division Bench of this Court, dated 14.07.2009 in W.P.No.8747 of 2009 confirming the order dated 07.10.1998 in O.A.No.8276 of 1997 of the Tamil Nadu Administrative Tribunal and also the order of the Hon'ble Apex Court, dated 23.04.2010 in S.L.P.(CC).No.2746 of 2010, confirming the same. He has also relied on various orders of this Court, passed in terms of the abovesaid order of a Hon'ble Division Bench of this Court, dated 14.07.2009 in W.P.No.8747 of 2009.
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4. Writ petitioner has filed W.P.No.6809 of 2013 for a Mandamus, directing the the respondents therein, to extend the benefit of G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 in the light of the orders of the Hon'ble Division Bench of this Court in W.P.No.8747 of 2009, dated 14.07.2009 confirmed by the Hon'ble Supreme Court of India in CC.No.2746 / 2010, dated 23.04.2010 and accordingly award selection / special Grade Scale of Pay with effect from 01.06.1988 and revision of pensionery benefits and pay arrears immediately to the writ petitioner.
5. After hearing the learned counsel for the parties, vide common order in W.P.Nos.4505 of 2012 and 6809 of 2013, etc batch, dated 18.11.2013, Writ Court has dismissed the writ petitions.
6. Being aggrieved, instant writ appeal is filed.
7. On this day, when the matter came up for hearing by inviting the attention of this Court to Paragraph No.38 of the order of a Hon'ble Full Bench of this Court, in Government of Tamil Nadu vs. G.Eswaran, reported in 2017 (1) CWC 561, Mr.Singaravelan, learned http://www.judis.nic.in 5/24 W.A.No.3290 of 2019 Senior Counsel, submitted that a Hon'ble Full Bench has passed orders in favour of similarly placed teachers.
8. Mr.K.Karthikeyan, learned Government Advocate, acknowledges the said statement.
9. Added further that implementing the orders of the Hon'ble Full Bench of this Court, in Government of Tamil Nadu vs. G.Eswaran, reported in 2017 (1) CWC 561, Government have also issued G.O.(Ms).No.90, School Education 3(1) Department, dated 09.05.2018.
10. Placing on record the above submission, we deem it fit to extract Paragraph No.38 of the order, passed by the Hon'ble Full Bench of this Court, in Government of Tamil Nadu vs. G.Eswaran, reported in 2017 (1) CWC 561, and G.O.(Ms).No.90, School Education 3(1) Department, dated 09.05.2018, "38. Today, when the matters are taken up for consideration, keeping in mind the financial strain that would fall on the State exchequer in the event of implementation of http://www.judis.nic.in 6/24 W.A.No.3290 of 2019 the G.O., and in order to give a quietus to the issue, we feel it appropriate to fix the date as 01.03.2017 from which date onwards, the Government shall calculate and revise the pension and family pension (without arrears) based on the revised scales of pay by implementing the G.O., for which, the learned Advocate General and the learned counsels appearing for the Teachers have fairly acceded to the same. Accordingly, we pass the following:
i) The Government is directed to implement the G.O.Ms.No.216, dated 22.3.1993 for the period between 1.6.1988 and 31.12.1995, on and from 1.3.2017 onwards in respect of all the Secondary Grade Teachers of High/Higher Secondary Schools including the Special Teachers who attained Selection grade/Special Grade during the above said period, on par with the pay scale of Primary School Headmasters;
ii) Consequently, the Government shall calculate and revise the pension of those who retired from service and revise the family pension in respect of those who expired, based on the revised scales of pay in terms of G.O.Ms.No.216, dated 22.3.1993 payable on and from 1.3.2017;
iii) It is made clear that the beneficiaries under this order, are not entitled to the arrears of revised pay scales;
iv) It is further made clear that the benefits as directed above, shall be extended to the parties who are before this http://www.judis.nic.in 7/24 W.A.No.3290 of 2019 Court alone and and no fresh Writ Petitions would be entertained on and from 09.12.2016;
v) The Government is directed to expedite the process of calculating and fixing the revised pension and family pension and we do hope that the Government will complete the same as early as possible without making any further delay;
vi) All the matters which are at SR stage and listed before this Court are also ordered and disposed of by this common order and consequently, connected MPs thereof, are ordered"
Government of Tamil Nadu Abstract Public Works - Intermediate and Special Teachers working in Government/Government Aided, High/Higher Secondary Schools - Writ Petition Challenging The Selection and Pay Fixation on Par with the Primary School Head-Master Post from 01.06.1988 - Implementation of the orders of the Madras High Court - orders - passed.
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SCHOOL EDUCATION 3(11 DEPARTMENT) G.O. (Ms) No. : 90 Dated 09-05-2018
1. G.O. (Ms). No. 216, Finance and Pay Cell Department dated 22-3-1993.
2. G.O. (Ms). No. 258, School Education (M1) http://www.judis.nic.in 8/24 W.A.No.3290 of 2019 Department dated 06-09-2010
3. G.O. (Ms). No. 69, School Education (M1) Department dated 18-04-2013
4. G.O. (Ms). No. 180, School Education (M1) Department dated 06-09-2013
5. G.O. (Ms).-No. 181, School Education (M1) Department dated 06-09-2013
6. Rev. Petn. No. 227/2015 (Batch of cases) order dated 09-12-2016.
7. Letter of the Directorate of School Education dated 9-02-2017.
Order:
As per the first read G.O., considering the fact that no promotion was given to the intermediate teachers on par with the Head Masters of Primary School till 28.03.1990, as per G.O.MS.No.304 Finance (Pay Cell Department) dated 28.03.1990 Selection Grade/Special Grade Pay was permitted to all intermediate teachers working in Higher Secondary Govt. Schools as per the order passed.
2. A Higher Secondary intermediate teacher named Mr.Govindarajan has filed an O.A.No.8276/1997 in Tamil Nadu Administrative Tribunal Challenging the Intermediate Teachers Selection / Special Grade Pay Fixation and in its final order passed dated 07.10.1998, the Tribunal ordered the State Government to fix the pay on par with the Primary School Head Master’s Special Grade pay on a scale of RS. 2,000 to 3,200 from the date of 01.06.1998 and also grant all the arrears amount as per G.O.MS.No.216 Finance (Pay Cell) http://www.judis.nic.in 9/24 W.A.No.3290 of 2019 Department dated 22.03.1993. A Writ Petition was filed by the state govt, in the Madras High Court challenging the Tribunals Order, and that was dismissed. The Subsequent appeals filed in the High Court / Supreme Court against the Tribunals Order were also dismissed. In the second above mentioned G.O. Mr.N.Govindarajan (Intermediate Teacher) was granted Special Grade Pay on a scale of Rs.2,000 to 3,200 and the subsequent monetary benefits.
3. As per the first above read G.O. Mr.N.Govindarajan, intermediate teacher (retired) was granted the selection grade / special grade pay fixation was on par with Primary School Head Master from the year 1.6.1998 and based on that G.O. almost 3,444 and above intermediate teachers, P.E. Teachers and Special Teachers worked in other Government High School / Higher Secondary School and retired without promotion, filed several cases and based on the order passed in those cases several petitioners representations were rejected via government letter number 39631/M/2011 - 2 dated 15.04.2011, 7.7.2011 and 27.12.2011. Several appeals were filed in the Madras High Court and the Madurai Bench of Madras High Court challenging the above mentioned government letter and subsequently those appeals were allowed.
4. In view of implementing the orders passed by the madras high court in several writ petitions, 3rd above read G.O., was passed for fixing the Selection Grade / Special Grade for almost 2044 Intermediate Teachers working in Government Schools and 526 intermediate teachers working in http://www.judis.nic.in 10/24 W.A.No.3290 of 2019 government aided schools on par with Primary School Head Masters from the year 1.6.1988 to 31.12.1995, and accordingly orders were passed.
5. In the 3rd above read G.O’S attachment, 2570 intermediate teachers were mentioned and for that intermediate teachers who worked in the period 1.6.1988 and 31.12.1995 and retired after attaining Selection Grade / Special Grade, the 686 Government P.E Teachers, Special Teachers who worked in the period of 1.6.1988 to 31.12.1995 and 188 Physical Education Teachers and Special Teachers worked in government aided schools alone Head Masters Selection Grade / Special Grade Scale of Pay was allowed but subject to the final outcome of the cases filed and the about to be filed by the government relating to this issue and the Special Leave Petition filed by the government by the State Government in the Supreme Court, and orders were subsequently passed to settle the monetary benefits at one installment in the 4th and 5th above read G.O’s
6. As per the 1st read G.O , in view of implementing the orders passed in the cases filed seeking pay fixation from 1.06.1998 on par with primary school headmaster's selection grade /special grade scale of pay, the list of petitioners name was received, perused, and for 37 petitioners who has filed contempt petitions alone, subject to certain conditions, pay fixation on par with Primary School Headmaster's selection grade / special grade was allowed and accordingly G.O(MS)No:27 SCHOOL EDUCATION DEPARTMENT Dated 06.02.2017 was passed. Further, following this in another http://www.judis.nic.in 11/24 W.A.No.3290 of 2019 contempt petition, 3 more petitioners were given pay fixation on par with primary school head masters selection grade/special grade and subsequent retirement benefits were also allowed, subject to the final order of the appeal cases filed by the Government (W.A.S.R:96382/14) and to that effect subsequently G.O.(MS) NO:53, SCHOOL EDUCATION DEPARTMENT dated 24.03.2017 was passed.
7. In this case, among various cases, in some cases, the petitioners claims were allowed and in some cases, the petitioners claims were rejected by the High Court Madras and Madurai Bench of Madras High Court, delivered the different orders. The candidates who had worked as the High/Higher secondary schools as the Intermediate Teachers/Special Teachers, prayed for the fixation of pay in the post of headmasters of elementary school on selection/special grade, and filed batch cases, viz., W.P. No.4505/2012 and the other batches, in the order which was delivered by the High Court, Madras on 18.11.2013, the relief prayed for by the petitioners was rejected. In the appeals which were filed against this order (W.A.No.352 Batch Cases) Bench of Hon’ble High Court, Madras allowed those appeals and delivered order on 04.02.2015. In this manner, in all the batch appeal cases, the orders were issued. As against the orders passed in the above said cases, the revision petitions were filed by the government in the High Court.
8. As per the government order referred to as 1 herein above, the intermediate teachers, and the special teachers who had worked in the government/aided and the private http://www.judis.nic.in 12/24 W.A.No.3290 of 2019 high/higher secondary schools, the claim for the fixation of selection grade/special grade pay in the post of headmasters of elementary schools and these cases transferred to the full bench of the High Court, Madras consisting of three judges, as per the revision No.227/2015 and in various petitions (Review Applications field by Department, Writ Appeals filed by the petitioners, fresh Writ Petitions) the common order was passed on 09.12.2016 as found below.
38. today, when the matters are taken up for consideration keeping in mind the financial strain that follow state exchequer in the event of implementation of the G.O. and in order to give quiet us to the issue, we feel its appropriate to fix the date 1.03.2017 from which date onwards the government shall calculate and revise the pension and family pension (without arrears) based on the revised scale of pay by implementing the G.O., for which the learned Advocate General and learned counsels appearing for the teachers fairly acceded to the same. Accordingly we pass the following :-
i) The Government is directed to implement the G.O. (Ms) No. 216 dated 22-03-1993 for the period between 01-
06-1998 and 31-12-1995, on and from 01-03-2017 onwards in respect of all the secondary grade teachers including the special teachers who attain selection grade/special grade during the above said period, on par with the pay scale of Primary School Headmaster.
ii) Consequently, the Government shall calculate and revise the pension of those who retired from service and revise the family pension in respect of those who expired, http://www.judis.nic.in 13/24 W.A.No.3290 of 2019 based on the revised scales of pay in terms of G.O. (Ms) No. 216 dated 22-03-1993 payable on and from 01-03-2017.
iii) It is made clear that the beneficiaries under this order, are not entitled to the arrears of revised pay scales.
iv) It is further made clear that the benefits as directed above 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.
v) The government is directed to expedite the process of calculating and fixing the revised pension and family pension and we do hope that the government will complete the same as early as possible without make any further delay.
vi) All the matters which are at S.R. stage and listed before this court are also ordered and disposed of by this common order and consequently all connected miscellaneous petitions are closed.
39. With the above directions, all the captioned matters, viz., Writ Appeals, Writ Petitions, and Review Applications are disposed of and the Contempt Petitions are closed. There shall be no order as to costs. Consequently the connected Miscellaneous Petitions are closed.”
9. In order to execute the above said order of the Full bench of Madras High Court, the Director of School Education, through his letter referred to as 7 herein above, stated that as it was ordered that the government that the intermediate and special teachers who retired having worked in the government http://www.judis.nic.in 14/24 W.A.No.3290 of 2019 and aided High and Higher Secondary Schools from 01.06.1988 to 31.12.1995 and filed cases, alone are eligible for the fixation of pay as per the amended 5th Pay Commission in paragraph No.38(i) of the above said order, the persons who had attained the selection/special grade during the above said period 01.06.1988 to 31.12.1995, shall be fixed with the pay as per the amended 5th pay commission in the post of headmaster of elementary school, on the basis of selection/special grade, and the basic pay as on date of the retirement shall be taken on the basis, and as per the same, in order to permit the amended pension from March 2017- requested the government to issue common order.
10. The proposal of the Director of School Education was carefully perused by the government and the orders are issued as follows by the government.
i) As per the Government Order (Ms() No.216, Finance (Pay Cell) Department dated 22.03.1993 the intermediate teachers and the special teachers, who worked in the High and Higher Secondary Schools under the School Education Department from
ii) 01.06.1988 to 31.12.1995, and who retired during the period of amendment of the 5th pay commission and attained the selection/special grade, shall be fixed with the selection/special grade pay taking into consideration their basic pay on the date of retirement, and on that basis, the amended pension/family pension shall be allowed with effect from 01.03.2017. (predate)
iii) This is applicable to the petitioners teachers, who http://www.judis.nic.in 15/24 W.A.No.3290 of 2019 found a place in the orders passed in the writ appeals filed, on various dates and this benefit could not be granted to others.
iv) In the case of petitioners who passed away after filing the case, shall be fixed with the selection / special grade pay and on that basis, as mentioned above, the amended family pension will be fixed and the shall be disbursed with effect from march, 2017.
v) As per this as it is considered to fix the pay to the beneficiary petitioners, and grant the amended pension/family pension, the arrears shall not be disbursed to them before March, 2017.
vi) These benefits shall be granted to the petitioners who are connection with these cases.
vii) The expedite action to be taken to execute this government order immediately and to fix amended pay and on that basis, the pension to be fixed, and the petitioners have to get benefited immediately without any delay whatsoever.
viii) In connection with this subject, the cases were already filed and the contempt petitions were filed and as per the order of the High Court, the pay was fixed and the arrears amount which was disbursed after this, need not be deducted.
11. The Director of School Education is requested that as ordered above, after the pay is fixed, the proposal for the amended pension/family pension shall be sent to the Accountant General and the appropriate action to be taken.
12. This government order is issued with the concurrence of the Finance Department under ref:
http://www.judis.nic.in 16/24 W.A.No.3290 of 2019 G.O.M.No.23892/Finance (C.M.B.C.) Department dated 09.05.2018.
(As per Governors Order) Pradeep Yadav Chief Secretary To The Government
11. We have gone through the order of the Hon'ble Full Bench of this Court in Government of Tamil Nadu vs. G.Eswaran, reported in 2017 (1) CWC 561 and on the facts and circumstances of the case, we are of the view that inasmuch as the appellant is a similarly placed, he is entitled to the relief sought for. Reference can be made to the following decisions:-
(i) In Prem Chand Somchand Shah v. Union of India reported in (1991) 2 SCC 48, the Hon'ble Supreme Court in paragraph 8 held thus, "8. As regards the right to equality guaranteed under Article 14 the position is well settled that the said right ensures equality amongst equals and its aim is to protect persons similarly placed against discriminatory treatment. It means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Conversely discrimination may result if persons dissimilarly situate http://www.judis.nic.in 17/24 W.A.No.3290 of 2019 are treated equally. Even amongst persons similarly situate differential treatment would be permissible between one class and the other. In that event it is necessary that the differential treatment should be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and that differentia must have a rational relation to the object sought to be achieved by the statute in question."
(ii) In Govind Ram Purohit v. Jagjiwan Chandra reported in 1999 SCC (L & S) 788, at paragraph 3, the Hon'ble Suprme Court held thus:
"3. It was lastly contended by the learned counsel for the appellants that whereas the petition had been filed by only Respondent 1, the High Court while finally concluding the matter has given a direction to promote all those who were senior to the appellants even though they were not parties to the petition. Once the High Court had placed a particular interpretation on the Rules, the benefit of that interpretation had to go to all those who qualified under the seniority-cum-merit rule. There was no point in waiting for each and every person http://www.judis.nic.in 18/24 W.A.No.3290 of 2019 to file a petition. Therefore, we do not see any reason why we should entertain such a technical plea when the High Court has done substantial justice to all concerned."
(iii) In State of Karnataka v. N.Parameshwarappa reported in 2003 (12) SCC 192, the Hon'ble Supreme Court, at paragraph 8, held thus:
"8........ we do not find any reasonable justification to confine the relief to only such of the teachers who approached the court and having regard to the fact that relief related to the revision of scales of pay, every one of that class of teachers who approached would be entitled to the benefit, notwithstanding that they have not approached the court. We are in equal agreement with the Division Bench in denying the payment of interest at compounded rates which, in our view, cannot be justified at all on the facts and circumstances of the case wherein a serious and genuine doubt existed about the applicability of the government order dated 30-3-1990, as raised in the proceedings."
(iv) In State of U.P. v. Dayanand Chakrawarty reported in 2013 (8) Scale 74 : (2013) 7 SCC 595, the Hon'ble Supreme Court http://www.judis.nic.in 19/24 W.A.No.3290 of 2019 held that there cannot be any discrimination in treating equally placed persons on same footing, for all purposes.
(v) The Hon'ble Supreme Court in State of Uttar Pradesh and others v. Arvind Kumar Srivastava and others reported in 2015 (1) SCC 347, dealt with the issue as to the entitlement of benefit of judgment in rem with an intention to benefit all similarly situated persons irrespective of whether they had approached the Court or not.
It is held therein that when a particular set of employees is given relief by Court, all other identically situated persons should be treated alike by extending the same benefit, since not doing so would amount to discrimination and be violative of Article 14 of the Constitution of India.
12. In the light of the above discussion and decisions considered, appellant is entitled to the relief granted at Paragraph No.38 of the order of the Hon'ble Full Bench in Government of Tamil Nadu vs. G.Eswaran, reported in 2017 (1) CWC 561 and benefit of G.O.(Ms).No.90, School Education 3(1) Department, dated 09.05.2018.
Such fixation as ordered by the Hon'ble Full Bench, shall be done in http://www.judis.nic.in 20/24 W.A.No.3290 of 2019 the instant case also, and amount due and payable to the appellant, be sanctioned within two weeks from the date of receipt of a copy of this order.
13. With the above direction, order of the Writ Court is set aside. Writ appeal is allowed. No Costs. Consequently, the connected civil miscellaneous petitions are closed.
(S.M.K., J.) (D.K.K., J.) 23.09.2019 Index: Yes / No Internet: Yes / No dm http://www.judis.nic.in 21/24 W.A.No.3290 of 2019 To
1.The Government of Tamilnadu, rep. by the Secretary, School Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education (Higher Secondary), College Road, Nungambakkam, Chennai-600 006.
3.The Chief Education Officer, Thiruvallur District, Thiruvallur.
4.The Chief Education Officer, Vellore District, Vellore.
5.The Chief Educational Officer, Cuddalore District, Cuddalore.
6.The Chief Educational Officer, Ariyalur District, Ariyalur.
7. The Chief Educational Officer, Pudukottai District, Pudukottai.
8. The Chief Educational Officer, Perambalur District, Perambalur.
9. The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.
10. The Chief Educational Officer, Trichy District, Trichy.
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11. The Chief Educational Officer, Namakkal District, Namakkal.
12. The Chief Educational Officer, Kanyakumari District, Kanyakumari.
13. The Chief Educational Officer, Thirunelveli District, Thirunelveli.
14. The Chief Educational Officer, Thoothukudi District.
Thoothukudi.
15. The Chief Educational Officer, Karur District, Karur.
16. The Chief Educational Officer, Thirupur District, Thirupur.
17. The Commissioner of Welfare / Differently Abled, SRP Compound, Nehru Inner Round Road, K.K.Nagar, Chennai - 78.
18. The District Rehabilitation Officer, Collectorate Compound, Thirunelveli.
http://www.judis.nic.in 23/24 W.A.No.3290 of 2019 S.MANIKUMAR,J.
AND D.KRISHNAKUMAR, J.
dm W.A.No.3290 of 2019 and C.M.P.Nos.20981 and 20982 of 2019 23.09.2019 http://www.judis.nic.in 24/24