Dismissed

P.Kumaravelu, v. The State of Tamil Nadu

Madras HC11 Jul 2017WP/21630/2016

Case brief

AI extract

What is this about?

The Madras High Court dismissed numerous writ petitions filed by retired school headmasters seeking pay revision under G.O. No. 234 of 2009. The Court held that petitioners, who retired after the Order came into force without earlier claims, were guilty of inordinate delay and laches, thus disentitled to relief. Consequently, petitions were dismissed.

What did the court decide?

All writ petitions were dismissed. No costs awarded. Connected miscellaneous petitions were closed.

P.Kumaravelu, Vs The State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 11-07-2016

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶5

WP Nos.21630 to 21635, 21736 to 21741, 21949 to 21954, 21989 to 21998 of 2016, 16921 of 2015, 32179, 32185, 32186, 32355, 32589, 32930 to 32935, 35481 to 35493, 36508, 39399 to 39409 and 40456 to 40465 of 2016

¶6

1 P.Kumaravelu ... petitioner in WP.21635/16 1 R.RAJINI ... PETITIONER in WP No.21631 of 2016 1 K.CHINNUSAMY ... PETITIONER in WP No.21632 of 2016 1 M.KALIYAMOORTHY ... PETITIONER in WP No.21633 of 2016 1 C.DHAMODHARAN ... PETITIONER in WP No.21634 of 2016 1 M.ARULJOTHI ... PETITIONER in WP No.21635 of 2016 1 P.PICHAYAMMAL ... PETITIONER in WP No.21736 of 2016 1 A.ABDULKHADAR ... PETITIONER in WP No.21737 of 2016 1 K.SULOCHANA ... PETITIONER in WP No.21738 of 2016 1 L.KASI VISWANATHAN ... PETITIONER in WP No.21739 of 2016 1 J.ANTONY RITAMARY ... PETITIONER in WP No.21740 of 2016 1 C.MUDALI ... PETITIONER in WP No.21741 of 2016 1 A.K.DHATCHINAMOORTHY ... PETITIONER in WP No.21949 of 2016

¶7

1 V.THIRUNAVUKKARASU ... PETITIONER in WP No.21950 of 2016 1 K.NATARAJAN ... PETITIONER in WP No.21951 of 2016 1 K.JAYAKUMAR S/O.KUPPUSAMY ... PETITIONER in WP No.21952 of 2016

¶8

1 A.CHANDRA W/O.I.KITTAPPA ... PETITIONER in WP No.21953 of 2016 1 S.KAMALA ... PETITIONER in WP No.21954 of 2016

¶9

https://hcservices.ecourts.gov.in/hcservices/ 1 A.ILANGOVAN ... PETITIONER in WP No.21989 of 2016

¶10

1 M.S.CHANDRASEKARAN ... PETITIONER 1 M.DHARUMAN ... PETITIONER	in WP No.21990 of 2016 in WP No.21991 of 2016
1 A.PALANI ... PETITIONER	in WP No.21992 of 2016
1 D.KANDHIMATHI ... PETITIONER	in WP No.21993 of 2016
1 S.SANTHANAMERY ... PETITIONER	in WP No.21994 of 2016
1 A.RAMALINGAM ... PETITIONER	in WP No.21995 of 2016
1 N.ANNAMALAI ... PETITIONER	in WP No.21996 of 2016
1 N.KUMARASAMY ... PETITIONER	in WP No.21997 of 2016
1 P.ANANDAN ... PETITIONER	in WP No.21998 of 2016
1 V.KRISHNAN ... PETITIONER	in WP No.16921 of 2015
1 M.PERIASAMI ... PETITIONER	in WP No.32179 of 2016
1 N.MURUGAN ... PETITIONER	in WP No.32185 of 2016
1 SMT. A.ANSAR BEGAM ... PETITIONER	in WP No.32186 of 2016
1 A.ABDUL SUKKUR ... PETITIONER	in WP No.32355 of 2016
1 H.MOHIDEENBI ... PETITIONER	in WP No.32589 of 2016
1 S.SATHIYASEELAN ... PETITIONER	in WP No.32930 of 2016
1 A.SIVABAGGIAM ... PETITIONER	in WP No.32931 of 2016
1 P.NARAYANAN ... PETITIONER	in WP No.32932 of 2016
1 V.PREMAKUMARI ... PETITIONER	in WP No.32933 of 2016
1 R.DURAISAMY ... PETITIONER	in WP No.32934 of 2016
1 P.ANGAMUTHU ... PETITIONER	in WP No.32935 of 2016
1 Y.THANGARAJ (RETD) ... PETITIONER	in WP No.35481 of 2016
1 C.KUPPAN ... PETITIONER	in WP No.35482 of 2016
1 P.BHASKARAN ... PETITIONER	in WP No.35483 of 2016

¶11

https://hcservices.ecourts.gov.in/hcservices/

¶12

1 V.SANTHA
... PETITIONER in WP No.35484 of 2016
1 V.GNANAVALLI
... PETITIONER in WP No.35485 of 2016
1 P.GOVINDA RAJU
... PETITIONER in WP No.35486 of 2016
1 A.GNANAPPIRAKASAM
... PETITIONER in WP No.35487 of 2016
1 S.VISWANATHAN
... PETITIONER in WP No.35488 of 2016
1 P.RAJAKANNU
... PETITIONER in WP No.35489 of 2016
1 G.PANDURANGAN
... PETITIONER in WP No.35490 of 2016
1 T.JAYARAMAN
... PETITIONER in WP No.35491 of 2016
1 M.CHANDIRAN
... PETITIONER in WP No.35492 of 2016
1 M.SELVARAJU
... PETITIONER in WP No.35493 of 2016
1 J.MARY JESINDHA D/O.A.JOSEPH
... PETITIONER in WP No.36508 of 2016
1 K.V.ESWARAN
... PETITIONER in WP No.39399 of 2016
1 M.GLORY
... PETITIONER in WP No.39400 of 2016
1 B.CHANDRIYAN
... PETITIONER in WP No.39401 of 2016
1 R.KRISHNAMOORTHI
... PETITIONER in WP No.39402 of 2016
1 R.SIVAMANI
... PETITIONER in WP No.39403 of 2016
1 S.GURUNATHAN
... PETITIONER in WP No.39404 of 2016
1 P.NARAYANASAMY
... PETITIONER in WP No.39405 of 2016

¶13

https://hcservices.ecourts.gov.in/hcservices/

¶14

1 D.PRAKASAM ... PETITIONER in WP No.39406 of 2016
1 K.BALARAMAN ... PETITIONER in WP No.39407 of 2016
1 C.MANNAR ... PETITIONER in WP No.39408 of 2016
1 S.DAMODARAN ... PETITIONER in WP No.39409 of 2016
1 K.VANAJAMMAL D/O.KRISHNAN
... PETITIONER in WP No.40456 of 2016
1 K.SUBRAMANIAN S/O.KRISHNASAMY
... PETITIONER in WP No.40457 of 2016
1 G.KUPPAN S/O.GOPAL
... PETITIONER in WP No.40458 of 2016
1 R.GNANABAI GUNAJOTHI INDIRA
... PETITIONER in WP No.40459 of 2016
1A.MAHALINGAM ... PETITIONER in WP No.40460 of 2016
1 C.MURUGALAKSHMI W/O.K.SUBBIAH
... PETITIONER in WP No.40461 of 2016
1 T.ARUMUGAM S/O.THIMMA POYAAN
... PETITIONER in WP No.40462 of 2016
1 A.RAMARAJ
... PETITIONER in WP No.40463 of 2016
1 A.MANUELRAJAN ... PETITIONER in WP No.40464 of 2016
1 A.HILDA SAMATHANAM ... PETITIONER in WP No.40465 of 2016
1 P.KUMARAVELU ... PETITIONER in WP No.21630 of 2016
vs
1 THE STATE OF TAMIL NADU
REP BY ITS SECRETARY TO GOVERNMENT SCHOOL
EDUCATION DEPARTMENT FORT ST. GEORGE
CHENNAI-600 009.
2 THE DIRECTOR OF ELEMENTARY
EDUCATION DPI COMPOUND COLLEGE ROAD
CHENNAI-600 006
.. Respondent 1 and 2 in all WP's
3 THE ASSSISTANT ELEMENTARY
EDUCATIONAL OFFICER GANGAVALLI- 636 105
https://hcservices.ecourts.gov.in/hcservices/

¶15

4 THE ACCOUNTS OFFICER OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENT) TAMIL NADU 361 ANNA SALAI CHENNAI-600 018

¶16

... RESPONDENT 3 and 4 in WP No.21630 to 21630 of 2016
W.P.No.21736 to 21741/16, 32119,32185,32186,32355,
32589/2016, 32930 to 32935/16
3 THE DISTRICT ELEMENTARY
EDUCATION OFFICER KANCHEEPURAM
KANCHEEPURAM DISTRICT
.. Respondent No.3 in WP.21949,21950,21951,
21952,21953,21954/16
4 THE ASSISTANT ELEMENTARY
EDUCATION OFFICER THIRUKALUKUNDRAM
KANCHEEPURAM DISTRICT
... RESPONDENT NO.4 in WP No.21949 of 2016
4 THE ASSISTANT ELEMENTARY
EDUCATION OFFICER MADURANTAKAM
KANCHEEPURAM DISTRICT
... RESPONDENT NO.4 in WP No.21950,21951,
21952,21953,21954 of 2016
3 THE DISTRICT ELEMENTARY
EDUCATION OFFICER THIRUVANNAMALAI
THIRUVANNAMALAI DISTRICT.
.. RESPONDENT NO.3 IN WP.21989 TO
21999/16,36508/16
4 THE ASSISTANT ELEMENTARY
EDUCATION OFFICER WEST ARNI CHEYYAR BLOCK
THIRUVANNAMALAI DISTRICT.
... RESPONDENT NO.4 in WP No.21989 to 21998 of 2016
3 THE DISTRICT ELEMENTARY
EDUCATIONAL OFFICER VELLORE VELLORE
DISTRICT.
... RESPONDENT NO.3 IN WP/16921/15,35481 TO 35484/16
WP.39399,39400,40458/16,39401 TO 39403/16
39408,39409,40456/16,39405 TO 39407/16 40459/16
4 THE ASSISTANT ELEMENTARY
EDUCATIONAL OFFICER ARAKKONAM UNION
VELLORE DISTRICT.
... RESPONDENT NO.4.IN WP.16921/15

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ARCOT PANCHAYAT UNION JOLARPET PANCHAYAT UNION JOLARPET, ARCOT VELLORE DISTRICT ... RESPONDENT NO.4 in WP No.35481 to 35485 of 2016 WP.39404/16

¶19

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER CUDDALORE DISTRICT CUDDALORE

¶20

.. RESPONDENT 3 IN WP.35486 TO 32493/16 AND 40457/16

¶21

4 THE ASSISTANT ELEMENTARY

¶22

EDUCATIONAL OFFICER PANRUTI PANCHAYAT UNION

¶23

PANRUTI CUDDALORE DISTRICT ... RESPONDENT NO.4 in WP No.35486 to 32493, of 2016

¶24

4 THE ASSISTANT ELEMENTARY EDUCATION OFFICER CHETHPUT POST POLUR TALUK THIRUVANNAMALAI DISTRICT ... RESPONDENT NO.4 in WP No.36508 of 2016

¶25

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KATPADI PANCHAYAT UNION KATPADI VELLORE DISTRICT ... RESPONDENT NO.4 in WP No.39399,39400, of 2016 WP.40458/16

¶26

4 THE ASSISTANT ELEMENTARY

¶27

EDUCATIONAL OFFICER ARCOT PANCHAYAT UNION ARCOT VELLORE DISTRICT ... RESPONDENT NO.4in WP No.39401 to 39403 of 2016, 39408,39409/16,40456/16

¶28

4 THE ASSISTANT ELEMENTARY

¶29

EDUCATIONAL OFFICER TIRUPATTUR PANCHAYAT

¶30

UNION TIRUPATTUR VELLORE DISTRICT

¶31

... RESPONDENT NO.4 in WP No.39405 to 39407 of 2016,40459/16

¶32

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PANRUTI PANCHAYAT UNION PANRUTI CUDDALORE DISTRICT.

¶33

... RESPONDENT NO 4 in WP No.40457 of 2016

¶34

https://hcservices.ecourts.gov.in/hcservices/

¶35

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DISTRICT DINDIGUL. ... RESPONDENTS NO.5 IN WP.40460 TO 40465/16

¶36

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER OTTANCHATHIRAM

¶37

PANCHAYAT UNION OTTANCHATHIRAM DINDIGUL

¶38

DISTRICT.

¶39

... RESPONDENT NO.4 in WP No.40460,40461,40462,40463, of 2016

¶40

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NILAKKOTTAI PANCHAYAT UNION NILAKOTTAI DINDIGUL DISTRICT. ... RESPONDENT NO.4 in WP No.40464,40465 of 2016

¶41

WP No.21631 of 2016 To 21635/16 and 21736 to 21741/2016 32179,32185,32186,32355,32589,32930 to 32935/16:Calling for the records of the impugned proceedings of the fourth respondent in No. 17/111/ 11715585/ Rn/15-16/ ADK, Dated 17.03.2016 in No. Pen/17/II/ 11715587/ Rn/16-17/ 43, Dated 28.04.2015, in No. Pen/17/2/ 11715584/ Rn/15-16/ ADK/ 315, Dated 09.02.2016, in No. 17/4/ 11715633/ Rn/15-16/NAR, ADK, Dated 02.03.2016, in No. Pen/17/II/ 11715690/ Rn/15-16/ ADK, Dated 11.03.2016, in No.17/II/ 11715735/ RN/ 15-16/ ADK/ MISC, dated 22.03.2016, t in No.17/4/ 11715711/ RN/ 15-16/RN/ ADK, dated 15.03.2016,in No.17/4/ 11715693/ RN/ 15-16/NAR/ ADK, dated 15.03.2016, in No.17/4/ 11715701/ RN/ 15-16/NAR/ ADK, dated 17.03.2016, in No.17/4/ 11715554/ RN/ 15-16/NAR, dated 25.01.2016, in No.17/III/ 11715553/ RN/ 15-16/ADK, dated 07.03.2016, in No. Pen 17/1/11715702/Rn/16-17, dated 28.04.2016, in No. Pen 17/2/11715777/Rn/16-17, dated 18.05.2016,in No. Pen 17/4/11715733/Rn/15-16/NAR, dated 01.04.2016,in No.Pen 17/II/11715800/ Rn/15-16/ADK, dated 8.4.2016,in No.Pen 17/III/11715712/Rn/15-16, dated 07.06.2016, in Pen No.17/III/ 1715625/Rn/15-16/ADK, dated 16.3.2016, in Pen No.17/II/ 11715703/Rn/15-16/ADK, dated 11.3.2016, in Pen No.17/I/ 11715719/Rn/15-16/53, dated 11.5.2016,Pen No.17/III/ 11715698/Rn/15-16/ ADK/11, dated 26.4.2016, in Pen No.17/II/ 11715794/Rn/15-16/ ADK, dated 8.4.2016, Pen No.17/II/ 11715552/Rn/15-16/ ADK, dated 29.1.2016, and quash the same and consequently direct the fourth respondent to accept the proposal submitted by the 3rd Respondent, as the fixation was based on the orders issued in G.O. Ms. No.234, School Education, dated 10.9.2009 and the orders of the Honourable Division bench dt. 29.10.2011 in W.P. No.24700 of 2010 and to sanction all the benefits.

¶42

WP No.21949 of 2016 to 21954/16, WP.No.21989 to 21998/16. Calling for the entire records of the 4th respondent by his https://hcservices.ecourts.gov.in/hcservices/ proceedings in Na. Ka. No. 1081/ A3/ 2014, 702/Aa2/14,

¶43

702/A1/2014, 702/A2/2014, 534/A1/2014, 1705/A1/2014 dt. 13.11.2014, 11.12.2014, 22.01.2016, 25.01.2016 quash the same and consequently direct the respondents to extend the benefit of the G.O. Ms. No. 234 School Education (G2) Department dated 10.09.2009 in so far as the petitioners are concerned and accordingly to award Selection Grade/Special Grade scale of pay in the post of Elementary School Headmaster by taking into account their service prior to 01.06.1988 in the light of the Honourable Division Bench orders passed in W.As. No. 815, 1531, 1691 to 1693, 1165 of 2010 dt. 07.07.2011.

¶44

WP No.16921 of 2015

¶45

Calling for the entire records pertaining to the orders passed by the 3rd respondent herein vide his proceedings Pa.Mu. No. 4756/Aa4/2013, dated 17.12.2013 and quash them as illegal, arbitrary, unreasonable being violative of rules and principles of Natural Justice and thereby direct the respondents to extend the benefit of the G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009 and accordingly to award Selection / Special grade scale of pay in the post of Elementary School Headmaster by taking into account of the entire lower cadre Secondary Grade Teacher service as was given to 63 persons are concerned.

¶46

WP No.35481 of 2016 to 35493, 40456, 40457:

¶47

Calling for the records relating to the impugned order of the 1st Respondent in Letter No.11066/ Nee. Va.2(2)/ 2014, dated 24.11.2014 and Quash the same in so far as it relates to the petitioner is concerned and direct the Respondents to fix the pay of the petitioner in Selection Grade / Special grade in the post of Elementary School Headmaster by taking into account her entire services as Secondary Grade Assistant Teacher and Elementary School Headmaster by extending the benefits of G.O. Ms. No. 234 School Education (G2) Department dated 10.09.2009 in favour of the petitioner and pay the arrears with other consequential benefits.

¶48

WP No.36508 of 2016

¶49

Directing the respondents to award Special Grade Elementary School Head Master pay scale w.e.f. 05.06.1997 by counting her earlier Secondary Grade Service as well as Elementary School Head Master Service prior to the date of promotion as has been awarded to the similarly placed persons through G.O. Ms. No.234 School Education (G2) Department dated 10.09.2009 and award all the consequential benefit

¶50

WP No.39399 of 2016 to WP.39407/2016, 40458/16:

¶51

Calling for the records relating to the impugned order of the 1st Respondent in Letter No.8898/ Nee.Va.2 (2)/ 2014-1, dated 03.12.2014 and quash the same in so far as it relates to the petitioner is concerned and direct the respondents to fix the pay of the petitioner in Selection Grade / Special Grade in the post of Elementary School Headmaster by taking into https://hcservices.ecourts.gov.in/hcservices/ account her entire services as Secondary Grade Assistant

¶52

Teacher and elementary School Headmaster by extending the benefits of G.O.Ms. No.234 School Education (G2) Department dated 10.09.2009 in favour of the petitioner and pay the arrears with other consequential benefits

¶53

WP No.39408 of 2016

¶54

Calling for the records relating to the impugned order of the 1st respondent in Letter No. 11742/ Nee.Va. 2(2)/2014-1, dated 21-11-2014 and quash the same in so far as it relates to the petitioner is concerned and direct the respondents to fix the pay of the petitioner in Selection Grade / Special Grade in the post of Elementary School Headmaster by taking into account her entire services as Secondary Grade Assistant Teacher and Elementary School Headmaster by extending the benefits of G.O.Ms.No. 234 School Education (G2) Department dated 10-09-2009 in favour of the petitioner and pay the arrears with other consequential benefits

WP No.39409 of 2016

WP No.40459 of 2016

Calling for the records relating to the impugned order of the 2nd respondent in Letter No.28186 / E3 / 2014, dated 30.10.2014 and quash the same in so far as it relates to the petitioner is concerned and direct the respondents to fix the pay of the petitioner in Selection Grade / Special Grade in the post of Elementary School Headmaster by taking into account her entire services as Secondary Grade Assistant Teacher and Elementary School Headmaster by extending the benefits of G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009 in favour of the petitioner and pay the arrears with other consequential benefits

¶59

WP No.40460 of 2016 to 40465/2016

¶60

Calling for the records relating to the impugned order of the 1st respondent in Letter No.12883 / Nee.Va.2(2) / 2014, dated 21.10.2014 and quash the same in so far as it relates to the petitioner is concerned and direct the respondents to fix the pay of the petitioner in Selection Grade / Special Grade in the post of Elementary School Headmaster by taking into https://hcservices.ecourts.gov.in/hcservices/ account his entire services as Secondary Grade Assistant

¶61

Teacher and Elementary School Headmaster by extending the benefits of G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009 in favour of the petitioner and pay the arrears with other consequential benefits.

¶62

Petitioner in 21630 to 21635/16, 32930/16 to 32935/16, 21736 to 21741/16 :Mr.P.Amal Raj

¶63

Petitioner in WP.21949 to 21954, 21989 to 21998 : Mr.P.Murali

¶64

Petitioner in WP.16921/16 :V.Meganathan Petitioner in WP.32179, 32185,32186,32355,32559/16 : G.Punniakotti Petitioner in WP.35481 to 35493/16, 39399 to 39409/16, 40456 to 40465/16 : A.S.Kaizer

¶65

For Respondents-1to3 : Mr.P.Sanjai Gandhi, Additional Government Pleader For Respondent-4 : Mr.V.Vijay Shankar C O M M O N O R D E R

¶66

All these batch of writ petitions are filed by the writ petitioners, seeking re-fixation of their pay by extending the benefits granted in G.O.Ms.No.234, School Education, dated 10.9.2009.

¶67

On perusal of the said G.O.Ms.No.234, School Education, dated 10.9.2009, this Court is able to find that a benefit of re-fixation of pay to the retired Primary School Headmasters, who served prior to 1.6.1988, was granted. In the said Government Order, the benefit of revision of pay was extended to 61 retired Primary School Headmasters. Thus, the Government Order was issued in respect of 61 retired Primary School Headmasters by taking into account the services rendered by them prior to 1.6.1988. In fact, the Special Grade Pay was extended to them by calculating the services rendered prior to 1.6.1988.

¶68

The issue was earlier considered by the Hon'ble Division Bench of this Court and the Division Bench of this Court passed orders on 29.10.2011 in WP No.24700 of 2009 and granted the benefits accorded to 61 retired Primary School https://hcservices.ecourts.gov.in/hcservices/ Headmasters in G.O.Ms.No.234, School Education, dated

¶69

10.9.2009. Following the same, the learned single Judge also passed an order subsequently on 11.11.2014 in WP No.25001 of 2012, granting Special Grade in the post of Primary School Headmasters. But, thereafter, this Court has elaborately considered all the judgments and the grounds in batch of writ petitions decided on 15.12.2016 in WP Nos.26459 of 2010 etc. batch. This Court has considered all the grounds raised in these writ petitions elaborately as well as a judgment of the Division Bench of this Court dated 7.7.2011 in WA No.815 of 2010 etc. batch, relying on the legal principles laid down by the Supreme Court of India in the said batch of writ petitions, this Court has passed the following order:-

¶70

“29. Applying the above decision rendered

¶71

by the Honourable Supreme Court to this case, the petitioners in these batch of cases have knowledge about the benefits conferred by the Government in favour of similarly placed persons like them, however, they have not chosen to approach this Court immediately, rather, they have filed the present writ petitions belatedly, conveniently after their retirement. In such view of the matter, I am of the view that the petitioners are not entitled to succeed and the writ petitions are liable to be dismissed on the ground of delay and laches. This conclusion can be fortified from the decision of the Honourable Supreme Court in the case of (Ramachandra Shankar Deodhar and others vs. The State of Maharashtra and others) (1974) 1 SCC 317 which was relied on by the learned single Judge of this Court in his order dated 17.09.2014 wherein it was held that there was more than ten or twelve years in filing the petition since the accrual of the casue of complaint, and such delay was sufficient to disentitle the petitioners to any relief under Article 32 of The Constitution of India. In the present case also, the petitioners have approached this Court much after their retirement and some of the petitioners have even died. The petitioners have not any justifiable reason as to why they did not approach this Court at the earliest point of time to seek the relief which are sought for in these batch of writ petition when cause of action for them to file such writ petitions was very much subsisting at the relevant point of time. Therefore, I find force in the argument of the learned Advocate General appearing for the official respondents that the petitioners are fench-sitters/watchers and they were waiting for the litigation engineered at the instance of similarly placed persons to conclude before they file the present batch of

¶72

https://hcservices.ecourts.gov.in/hcservices/

¶73

writ petitions.

¶74

In some of the writ petitions, which are filed challenging the orders passed by the Principal Accountant General of Tamil Nadu, it is seen that the office of the Principal Accountant General has rejected the proposal sent by the concerned educational officers for extending the benefits of GO Ms. No.234 dated 10.09.2009 in favour of the petitioners on the ground that the concerned petitioner is not one of the beneficiaries of the order passed by the Government in his or her favour or the petitioner has not obtained any orders from the competent Court. However, it was stated that if any Government Order issued in favour of the individual petitioner, the same shall be forwarded for consideration. Therefore, the Principal Accountant General has rightly refused to extend the benefits of GO Ms. No.234 dated 10.09.2009 in the absence of any order passed by the Government in favour of the petitioners and it does not call for any interference by this Court.

¶75

For all the above reasons, I hold that the petitioners are not entitled for the relief sought for in these writ petitions. Hence, all the writ petitions fail and accordingly they are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.”

¶76

In view of the considered judgment passed in the batch of writ petitions, cited supra, this Court is not inclined to consider the grounds raised in all these writ petitions. Accordingly, the writ petitions stand dismissed, however, there shall be no order as to costs.

¶77

Assistant Registrar(CS IV)

¶78

Svn

¶79

¶80

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

¶81

https://hcservices.ecourts.gov.in/hcservices/

¶82

2.The Director of Elementary Education, College Road, Chennai-600 006. 3.The Assistant Elementary Educational Officer, Gangavalli, Salem District. 4.The Accounts Officer, The Principal Accountant General Anna Salai, Chennai-600 018. 5.The District Elementary Education Officer, Kancheepuram. 6.The Assistant Elementary Education Officer, Tirukalu Kumdram, Kancheepuram District. 7.The District Elemantary Officer, Maduranthakam, Kancheepuram District. 8.The DEEO, Tiruvannamalai. 9.The AEEO, West Arani, Tiruvannamalai. 10.The AEEO, Chyyar Block, Tiruvannamalai. 11.The District Elementary Education Officer, Vellore. 12.The AEEO Arakkonam, Vellore. 13.The AEEO, Arcot Panchayat Union, Arcot, Vellore District. 14.The DEEO, Cuddalore. 15.The AEEO, Panruti Panchayat Union, Panruti. 16.The AEEO, Chetput Panchayat Union, Polur, https://hcservices.ecourts.gov.in/hcservices/ Tiruvannamalai District.

¶83

17.The AEEO,
Katpadi Panchayat Union,
Katpadi.
18.The AEEO,
Tirupattur Panchayat,
Tirupattur,
Vellore District.
19.The AEEO,
Ottanchathiram,
Dindigul.
20.The AEEO,
Dindigul District.
21.The AEEO,
Nilakkottai,
Panchayat Union, Dindigul.
+1cc to Mr.P.Murali Advocate SR.No.48437
+10cc to Mr.G.Punnia Kotti, Advocate SR.No.48517
+1cc to Mr.As.Kaizer, Advocate SR.No.48887
+1cc to Government Pleader SR.No.48644
WP Nos.21630 to 21635, 21736 to
21741, 21949 to 21954, 21989 to
21998 of 2016, 16921 of 2015,
32179, 32185, 32186, 32355,
32589, 32930 to 32935, 35481 to
35493, 36508, 39399 to 39409 and
40456 to 40465 of 2016
GN(18/08/2017)

¶84

https://hcservices.ecourts.gov.in/hcservices/

P.Kumaravelu, v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

P.Kumaravelu, v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Chinnaponnu, Vs The State of Tamil Nadu

A.Elumalai Vs The District Collector

M.Vijayan, Vs Government of India

R.Dhayalan Vs The Registrar of Cooperative

V.Thambidurai, Vs The State of Tamil Nadu

Dr.S.Arul Antony, Vs The State of Tamil Nadu