A petitioner challenged non-payment of terminal benefits and sought quashing of certain orders. The court found the petition infructuous as the petitioner was reinstated and dismissed it as having no survival for adjudication.
Petitioner was reinstated in service and the writ petition was dismissed as infructuous. No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.10000 of 2016
R.Periasamy S/o.P.Raju,
No.36/62 Akshaya Colony, Mugapair, Chennai-600 050. ... Petitioner
Vs.
The Joint Director of School Education (Personnel), Office of the Director of School Education, DPI Compound, College Road
Chennai-600 006.
Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings dated 07.12.2015 signed on 08.12.2015 in Na.Ka.No.87059/ C2/E3/2010 on the file of the respondent herein and to quash the same and to direct the respondent to pass orders of superannuation of the petitioner from 31.01.2011 and pay the terminal benefits within a time frame as may be fixed by this Court.
This Court in W.P.No.11798 of 2016, dated 26.9.2018, has observed as under:
''(iv) In many writ petitions, the respondents have not at all filed their counter affidavits and documents, if any, for more than five years and in some cases, more than seven or eight years.''
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Pursuant to the aforesaid order, this Court directed the respondent department to file counter affidavit within a period of three months.
COUNTER NOT FILED CASES – DATES AND EVENTS Date Directions issued by this Court The Hon'ble Thiru Justice S.M.Subramaniam in W.P.No. 11798 of 2016 directed the Registrar General to instruct the Registry that in the event of not filing the counter 26.09.2018 affidavits/documents by the respondents/litigants within the time limit of three months as stipulated in the above Rules, the litigants/ respondents shall explain the reason for such delay in the affidavits
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| Date Directions issued by this Court |
|---|
| The Hon'ble Thiru Justice D.Krishanakumar has directed the learned Government Pleader to apprise this Court as to how for the order |
| 18.10.2019 dated 26.09.2010 is complied with and the proceedings dated 05.10.2018 issued by the learned Advocate General was given effect to. (W.P. No.15830 of 2010) |
| Minutes of the Meeting of All Secretaries at Chief Secretary's Conference Hall – forwarded to the High Court. |
| 27.11.2019 II. REVIEW OF COURT CASES: Chief Secretary stated that the counter affidavits should be filed in the High Court of Madras within 3 months. However there is a delay in filing counter affidavits. Chief Secretary therefore requested the Secretaries to personally review the pending court cases in which counter affidavits have to be filed. |
| The learned Government Advocate has submitted before this Court that they have received the statement showing subject-wise number of writ petition cases from the Registrar (IT-cum- |
| Statistics), totaling 65,553 . However, the |
| 05.12.2019 learned Government Advocate seeks time get some more additional particulars. At request adjourned to 18.12.2019 and permitted to make request to the Registrar (IT-cum-Statics). |
| The learned Advocate General reported before this Court that an High Level Committee headed |
| 21.01.2020 by the Chief Secretary to Government has been constituted to this effect and requested time. At request adjourned to 30.01.2020. |
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| Date | Directions | issued by this Court |
|---|---|---|
| 31.01.2020 | The learned co respondents and requested further the order passed for monitoring th Court. |
unsel appearing for the the Education Department time for producing a copy of by the High Level Committee e cases pending before this |
| At request, ad | journed to 06.02.2020 |
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to the heads of department about the action taken by them pursuant to the circular issued by the Chief Secretary.
Sd/Asst.Registrar /true copy/ Sub Asst. Registrar
vaan To
The Joint Director of School Education (Personnel), Office of the Director of School Education, DPI Compound, College Road Chennai-600 006.
+1 cc to M/s.Government Pleader High Court Madras sr 16213 +1 cc to Mr.P.Raja Advocate sr16987
sj(co) aa12/05/2020 aa17/07/2020
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1 issue framed by the court
Whether the writ petition is maintainable after the petitioner was reinstated in service by revocation of suspension order.
R. Periasamy
The Joint Director of School Education (Personnel)
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
