1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).No.10309 of 2011 and M.P.(md).No.1 of 2011 V.Varadharajan : Petitioner Vs. 1.The State of Tamil Nadu, rep. By its Secretary, Department of School Education, Fort St. George, Chennai-600 009. 2.The Director of Elementary Education, College Road, Chennai-600 006. 3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District. 4.The Assistant Elementary Educational Officer, Thiruchuli at M.Reddiarpatti, Virudhunagar District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents herein to sanction and award forthwith the Special Grade of pay to the petitioner in the cadre of Middle School Headmaster w.e.f 04.06.1991 on par with the similarly placed persons for whom such benefits have been sanctioned under G.O.Ms.No.210 (School Education (G-1) Department) dated 14.08.2009. For Petitioner :Mr.E.V.N.Siva For Respondents 1 to 4 :Mr.S.Chandrasekar Government Advocate ORDER The petitioner, has sought for a writ of mandamus, directing the respondents to sanction and award forthwith Special Grade of pay to the petitioner in the cadre of Middle School Headmaster w.e.f 04.06.1991 on par with the similarly placed persons for whom benefits have been sanctioned under G.O.Ms.No.210 (School Education (G-1) Department) dated 14.08.2009. 2.The relief sought for in this writ petition, cannot be granted, for the simple reason that subsequently, the Government in G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010 https://hcservices.ecourts.gov.in/hcservices/ 2 have issued orders, extending the benefits only to those who have already obtained orders from the Court. Admittedly, the petitioner has not challenged G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010 and many writ petitions challenging the latter G.O are pending on the file of this Court. 3.Perusal of the judgment in W.A.Nos.185 and 186 of 2011 dated 04.08.2011 also indicates that the G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010, has not been placed before the Honourable Division Bench of this Court for consideration. 4.In view of the above, writ of mandamus cannot be granted as the same will have the effect of nullifying G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010 without any adjudication. 5.In view of the above, this Court is not inclined to issue any mandamus as sought for in this Writ Petition. Hence, this writ petition is dismissed. It is open to the petitioner to challenge the said G.O, with a consequential prayer for a mandamus. Consequently, connected M.P.No.1 of 2011 is also dismissed. No costs. Sd/- Assistant Registrar(AS ) /True Copy/ Sub Assistant Registrar To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 000. 2.The Director of Elementary Education, College Road, Chennai-600 006. 3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District. 4.The Assistant Elementary Educational Officer, Thiruchuli at M.Reddiarpatti, Virudhunagar District. Sivagangai District. +one cc to Special Government Pleader, Sr.No. 30914 +1cc to Mr.E.V.N.Siva, Advocate, Sr.No.30861 W.P.(MD)No.10309 of 2011 vs/SMA/15.9.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/