The Court restored the Civil Miscellaneous Petition allowing the condonation of delay in filing a Writ Appeal concerning arrears of pay. The appeal is against an order refusing sanction for disbursement of arrears.
Civil Miscellaneous Petition decreed and the Civil Miscellaneous Petition No.11697 of 2017 is restored to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD). No.3967 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Civil Appellate Jurisdiction)
Tuesday, the Twenty Fifth day of August Two Thousand and Twenty
PRESENT
The Hon'ble Mr.Justice M.SATHYANARAYANAN
AND
The Hon'ble Mr.Justice P.RAJAMANICKAM
CMP(MD). No.3967 of 2020 in WA(MD).SR.NO.50623 of 2017
G.PUGAZHENDI ...PETITIONER/APPELLANT
Vs
1 THE DIRECTOR OF ELEMENTARY EDUCATION, D.P.I.CAMPUS, COLLEGE ROAD, CHENNAI-600 006.
4 THE SECRETARY, ANANDA MIDDLE SCHOOL, UDAYATHUR, TIRUNELVELI DISTRICT.
(R4 deleted as per the order dated 21.12.2017 in C.M.P(MD).No.11697 of 2017 in W.A(MD).No.SR.50623 of 2017 by this Hon'ble Court)
... RESPONDENTS/RESPONDENTS
Prayer in CMP(MD). No.3967 of 2020 :-
Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code, praying this Hon'ble Court to restore the Writ Appeal filed in CMP(MD) No 11697 of 2017 in WA(MD) No SR 50623 of 2017 dated 21.12.2017.
Prayer in C.M.P(MD).No.11697 of 2017:-
Civil Miscellaneous Petition filed under Section 5 of the Limitation Act praying this Hon'ble Court, to condone the delay of https://hcservices.ecourts.gov.in/hcservices/ 586 days in filing the Writ Appeal(MD)SR.No. 50623 of 2017
1/3
CMP(MD). No.3967 of 2020
PRAYER IN WA(MD) No.SR50623 of 2017:
Writ Appeal filed under Clause 15 of Letter Patent Act, praying this Hon'ble Court against the order dated 21.03.2016 in WP(MD) No.9902 of 2008.
Prayer in WP(MD).No.9902 of 2008 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd respondent in Na.ka.1231/A1/08 dated 13/09/2008 in pursuance of the proceedings of the 2nd respondent in Na.Ka.NO. 10956/a1/06 dated 26/08/2008 and quash the same and direct the respondents 2 and 3 to accord sanction to the proposals sent by petitioner dated 18/10/2007 through proper channel for the disbursement of arrears of pay to the tune of Rs. 13,38,691/- along with the interest to the petitioner.
ORDER:- Civil Miscellaneous Petition coming upon for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Chellapandian, Advocate for the Petitioner and of Mrs.S.Srimathy, Special Government Pleader for the Respondents No.1 to 3 and of Mr.F.Deepak, Advocate For the 4th Respondent, this Court made the following order:
( Order of the Court was made by M.SATHYANARAYANAN,J)
This Court heard the submission of Mr.S.Chellapandian, learned counsel appearing for the petitioner/appellant and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents 1 to 3 and also perused the affidavit filed in support of this petition.
Assistant Registrar(CS-II)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
TO
2/3
CMP(MD). No.3967 of 2020
2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, TIRUNELVELI.
3 ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, RADHAPURAM, TIRUNELVELI DISTRICT.
Copy to
The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 25/08/2020
========================== RESTORATION
==========================
CMP(MD). No.3967 of 2020 in WA(MD).SR.NO.50623 of 2017
Giving direction and etc. as stated within. ns(CO) TR(03.09.2020) 3P 5C
3/3
1 issue framed by the court
Whether the Writ Appeal filed in CMP(MD) No.11697 of 2017 in WA(MD) No.50623 of 2017 should be restored to file and the delay condoned.
4 provisions across 4 enactments
G.PUGAZHENDI
1 THE DIRECTOR OF ELEMENTARY EDUCATION, D.P.I.CAMPUS, COLLEGE ROAD, CHENNAI-600 006
2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, TIRUNELVELI
3 ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, RADHAPURAM, TIRUNELVELI DISTRICT
4 THE SECRETARY, ANANDA MIDDLE SCHOOL, UDAYATHUR, TIRUNELVELI DISTRICT
M.SATHYANARAYANAN
P.RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
