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N.Namasivayam v. Secretary to Government

Madras HC6 Mar 2025WP/29266/2010

Case brief

AI extract

What is this about?

Mandamus writ petition for arrears of salary and service benefits following dismissal from Fire & Rescue Services, Tamil Nadu; Article 226; earlier direction dated 29.08.2007 in W.P.No.13310 of 2005; related writs Nos.25362 and 30766 of 2013 decided 30.08.2019; Division Bench reversal in W.A.Nos.2103 and 2106 of 2021 dated 19.08.2024; Special Leave Petition pending before Supreme Court; petition closed with liberty to work out remedy; no costs; connected M.P.No.1 of 2010 closed.

What did the court decide?

No substantive relief granted; writ petition closed with liberty to the petitioner to work out his remedy subject to the final outcome of the decision of the Hon'ble Supreme Court; no costs; connected Miscellaneous Petition (M.P.No.1 of 2010) closed. ¶31

N.Namasivayam Vs Secretary to Government — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the present writ petition seeking arrears of salary and service benefits can be adjudicated at this stage, given that the relief sought depends on the final outcome of the order to be passed by the Hon'ble Supreme Court in the matter challenging the Division Bench order dated 19.08.2024 in W.A.Nos.2103 and 2106 of 2021.

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Court's answer

Since the relief sought for in the writ petition depends on the final outcome of the order to be passed by the Hon'ble Supreme Court in the case filed challenging the order dated 19.08.2024 in W.A.Nos.2103 and 2106 of 2021, the present writ petition can be closed for the present.

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Ratio / Principle

The writ petition stands closed with liberty to the petitioner to work out his remedy subject to the final outcome of the decision of the Hon'ble Supreme Court; no costs; the connected Miscellaneous Petition is also closed.

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Detailed headnote1 paragraphs

Madras High Court (C. Saravanan, J., order dated 06.03.2025) closed W.P.No.29266 of 2010 (with M.P.No.1 of 2010), a mandamus petition under Article 226 by N. Namasivayam, dismissed from the Fire & Rescue Services, seeking arrears of salary pursuant to earlier orders dated 29.08.2007 in W.P.No.13310 of 2005 and salary for 08.01.2008 to 22.01.2008. The Court noted that his related writ petitions (Nos.25362 and 30766 of 2013), wherein he had challenged the dismissal, had been decided by order dated 30.08.2019, but the Division Bench allowed the State's appeals (W.A.Nos.2103 and 2106 of 2021) by order dated 19.08.2024, setting aside that order, and the petitioner's Special Leave Petition is pending before the Supreme Court. Holding that the present relief depends on that outcome, the Court closed the petition with liberty to renew, without costs.

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W.P.No.29266 of 2010

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.03.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.No.29266 of 2010

and

M.P.No.1 of 2010

N.Namasivayam

... Petitioner

Vs.

1.Secretary to Government,

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Home (S.C) Department, Government of Tamil Nadu, Fort St.George,

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Chennai – 9.

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2.The Director of Fire & Rescue Services, Egmore,

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Chennai – 600 008.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to pay the arrears of salary due to the petitioner as directed to be paid by the orders of this Court dated 29.08.2007 made in W.P.No.13310 of 2005 and also for the period between 08.01.2008 to 22.01.2008 when the petitioner has actually worked under them.

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https://www.mhc.tn.gov.in/judis 1/5

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W.P.No.29266 of 2010

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For Petitioner : Mr.S.Kanniah

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For Respondents : Mr.G.Nanmaran Special Government Pleader

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ORDER

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This Writ Petition ought to have been disposed of along with W.P.Nos.25362 and 30766 of 2013 vide its Order dated 30.08.2019. In the aforesaid Writ Petitions, the petitioner had challenged the punishment order issued by the 2^nd respondent dismissing the petitioner from service.

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In the present writ petition, the petitioner has prayed for service benefits. This Court had earlier granted the relief sought for in the Writ Petition in W.P.Nos.25362 and 30766 of 2013 vide its Order dated 30.08.2019. Aggrieved by the order dated 30.08.2019 of this Court, the Respondents herein filed an appeal before the Division Bench of this Court in W.A.Nos.2103 and 2106 of 2021.

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By an Order dated 19.08.2024, the aforesaid Writ Appeal was allowed. As a result of which, the order of the Writ Court dated 30.08.2019 in W.P.Nos.25362 and 30766 of 2013 were set aside. Aggrieved by the Order dated 19.08.2024, the petitioner preferred the Special Leave Petition before the

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.No.29266 of 2010

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Hon'ble Supreme Court pursuing the Appellate remedy.

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Since the relief sought for in this writ petition depends on the final outcome of the order to be passed by the Hon'ble Supreme Court in the case filed challenging the order dated 19.08.2024 in W.A.Nos.2103 and 2106 of 2021, I deem it fit that the present Writ Petition can be closed for the present.

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In view thereof, this Writ Petition stands closed. Liberty is given to the petitioner to work out his remedy subject to the final outcome of the decision of the Hon'ble Supreme Court. No costs. Consequently, connected Miscellaneous Petition is closed.

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06.03.2025

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Neutral Citation : Yes/No

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jas

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