An environable Writ Appeal valued at Rs. 10,000/- was filed by the Secretary of St. Jude's College. The Court noted that benefits were sanctioned and the costs were promised for transfer. Consequently, the appeal was closed without awarding costs in this proceeding.
The Writ Appeal and connected Miscellaneous Petition were closed. No costs awarded in this appeal.
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.
W.A(MD)NO.1082 OF 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
The Secretary, St.Jude's College, Thoothoor – 629 176, Kanyakumari District. ...Appellant/Respondent No.5
.vs. 1.John Paul Louis ...Respondent/Petitioner
2.The State of Tamil Nadu, represented by its Secretary, Department of Higher Education, Fort St.George, Chennai.
3.The Director of Collegiate Education, College Road, Chennai.
4.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.
5.The Accountant General of Tamil Nadu, Office of the Accountant General, No.26, Anna Salai, Chennai.
...Respondents/
Respondents 1 to 4
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act praying this Court to set aside the order passed by this Court in W.P(MD)No.13607 of 2011, dated 13.09.2012.
Prayer in WP(MD). 13607/ 2011 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the https://hcservices.ecourts.gov.in/hcservices/
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W.A(MD)NO.1082 OF 2012
5th respondent, Secretary St. Judes College, Thoothoor to submit necessary proposals forthwith to the 3rd respondent, Joint Director of Collegiate Education regarding the payment of Earned leave benefits, Leave on Private Affairs benefits, arrears of salary from 28.03.2007 to 30.06.2007 in the revised pay scale, arrears of revised pension, and other benefits on the basis of the revised pay scale viz., change in Gratuity and commutation etc., to the petitioner and consequently direct the 3rd respondent, Joint Director to sanction the aforesaid bnefits the petitioner within a reasonble time as may be stipulated by the Honourable Court.
For Appellant :Mr.Arun Nidhi
for M/s.Veera Kathiravan Senior Counsel
For Respondent-1 :Mr.E.V.N.Siva
For Respondents :Mr.K.P.Narayanakumar 2 to 4 Special Government Pleader
JUDGMENT
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J. ]
This Writ Appeal has been filed challenging the order made in W.P(MD)No.13607 of 2011, dated 13.09.2012, wherein, the Writ Petition filed by the Writ Petitioner/first respondent herein was allowed with a cost of Rs.10,000/-
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.Pursuant to the order of this Court, dated 23.02.2021, it is stated by the learned Special Government Pleader appearing for the respondents 2 to 4, through Current Status Report mentioning that all the benefits payable to the Writ Petitioner was sanctioned and disbursed to him by the Joint Director of Collegiate Education, Tirunelveli, who is the third respondent in the Writ Petition, as per the order of this Court made in the Writ Petition. However, a sum of Rs.10,000/- which is awarded as costs payable by the Writ Appellant to the Writ Petitioner is not yet paid.
4.The learned counsel for the first respondent/Writ Petitioner states that he has already provided his bank account details to the Writ Appellant to deposit the same.
5.The learned counsel for the appellant had also stated that it would be transferred to the account of the Writ Petitioner in due course.
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W.A(MD)NO.1082 OF 2012
6.Recording the same, this Writ Appeal is closed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
VSN
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To 1.The Secretary, Government of Tamil Nadu, Department of Higher Education, Fort St.George, Chennai. 2.The Director of Collegiate Education, College Road, Chennai. 3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District. 4.The Accountant General of Tamil Nadu, Office of the Accountant General, No.26, Anna Salai, Chennai. +1 CC to M/s.VEERA ASSOCIATS( SR-11337[F] dated 16/03/2021 ) +1CC to THE SPECIAL GOVERNMENT PLEADER(SR-11841[F] dated 17/03/2021)
JUDGMENT MADE IN W.A(MD)NO.1082 OF 2012 and M.P(MD)No.1 of 2012 15.03.2021
MJ(CO) SRS (23/03/2021) 3P : 7C https://hcservices.ecourts.gov.in/hcservices/
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2 issues framed by the court
Whether the Writ Appeal filed by the Secretary challenging the earlier order directing payment of leave benefits and other dues should be allowed.
Whether costs awarded in the previous order have been disbursed.
The Secretary, St.Jude's College, Thoothoor
Mr. John Paul Louis
The State of Tamil Nadu
The Director of Collegiate Education, Chennai
The Joint Director of Collegiate Education, Tirunelveli
The Accountant General of Tamil Nadu
Pushpa Sathyanarayana
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
