IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 09-02-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.47704 of 2006 1.A.Chellappa 2.R.Srinivasan 3.V.Sankaran 4.V.Manuel 5.M.Gnanasoundram Packiathai 6.S.Avudaiappan 7.S.Jayapaul 8.A.Jeyasingh 9.P.Sakthivel 10.S.Kani Mercy 11.S.Mercy Ranjitham 12.S.Issac 13.T.Ebenezer 14.A.Gandhi 15.S.Muthaiah 16.P.Ratnasamy 17.S.Rathinamani 18.S.Esther Ponnammal 19.S.Samdevasagayam 20.P.Subbiah 21.R.Velayutha Perumal 22.M.Kasirajan 23.P.Arunachalam 24.S.Ponnambalam 25.G.Rukmani 26.D.Srinivasan 27.S.Anaiappan 28.P.Sankaran 29.R.V.Muthiah 30.E.Sethuramalingam 31.N.Kandasamy 32.S.Anukirakkam 33.A.Mary Gnana Pushpam 34.S.Chockalingam 35.P.Velayutha Pandian 36.Nagoor Meeran 37.M.Arunachalam 38.S.Muthusamy 39.K.Gunaraj 40.D.Gnanamani 41.M.Palavesam 42.T.S.Ramanujam 43.G.Vedanayagam https://hcservices.ecourts.gov.in/hcservices/ 44.T.Shanmugam 45.A.Ganapathy 46.S.Manthiram 47.D.Thayammal 48.D.Raja Paul 49.M.Jacob 50.D.Alice Ebenezer 51.R.Subbiah 52.R.Shanmugam 53.S.Sudalaimuthu 54.S.Kasiviswanathan 55.O.Chellappa 56.A.Winniefred 57.A.Jeyasingh 58.K.Miriam Jothibai 59.A.Rajeswari 60.O.Ulagammal 61.G.Sankaralingam 62.D.Nambi Srinivasan 63.V.Alwar 64.Dr.M.Sadayappan 65.M.Kumara Chellaiah 66.P.Namasivaya Mudaliar 67.K.Vanuvamalai 68.D.Lakshmi 69.S.Meenakshi 70.Sr.Maria Viagulam Philomin Fernando .. Petitioners Versus The State of Tamil Nadu, Rep by its Secretary to Government, Finance (Pension) Department, Fort St.George, Chennai-600 009. .. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondent herein to implement the G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 by directing the respondent herein to increase the Dearness Allowance sanctioned on or after 1.10.1987 and the same shall be treated as the Dearness pay for the purpose of Computation of the pension for the petitioners herein. For Petitioner : Mr.K.Mariappan For Respondent : Mr.C.K.Vishnu Priya Additional Government Pleader O R D E R This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondent to implement the Government Order, in G.O.Ms.No.371, Finance (Pension) Department, dated 30.4.1986, in favour of the https://hcservices.ecourts.gov.in/hcservices/ petitioners, for the payment of certain monetary benefits, which may be due to them. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondent had relied on the decision of a Division Bench of this Court, dated 17.12.2007, made in W.A.No.1002 of 2006 (batch). 3. The learned counsel appearing on behalf of the petitioners had submitted that the Government Order, in G.O.Ms.No.371, Finance (Pension) Department, dated 30.4.1986, had been quashed by the Tamil Nadu Administrative Tribunal and thereafter, the State Government had preferred Special Leave Petitions, in S.L.P.Nos.18020 to 18021, 20887 to 20889, 20891, 20892 to 20894 and 26655 of 2008, which are pending adjudication on the file of Supreme Court. 4. In such circumstances, it would not be open to the petitioners to demand the implementation of the said Government Order, at this stage. Further, she had submitted that the benefits that may accrue to the petitioners, from the Government Order, in G.O.Ms.No.371, Finance (Pension) Department, dated 30.4.1986, could be decided only after a final order is passed by the Supreme Court in the above mentioned Special Leave petitions. 5. In such circumstances, the reliefs prayed for by the petitioners cannot be granted, at this stage. Hence, the writ petition stands dismissed. No costs. However, it goes without saying that the claim of the petitioners would be subject to the orders that may be passed by the Supreme Court in the pending Special Leave Petitions. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar csh To The State of Tamil Nadu, Rep by its Secretary to Government, Finance (Pension) Deparment, Fort St.George, Chennai-600 009. +1 cc to the Government Pleader SR.No.10279. LA(CO) DD 28.3.2011. https://hcservices.ecourts.gov.in/hcservices/