IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2010 CORAM THE HONOURABLE Mr. JUSTICE D.HARIPARANTHAMAN Writ Petition No. 43975 of 2006 (O.A.No.4543 of 2000) Michael Raj ... Petitioner /Vs/ 1. The Secretary of Govt., Education Department, Secretariat, Chennai -9. 2.The Chief Educational Officer, Dharmapuri. ... Respondents Prayer : This writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.4543 of 2000 from the file of the Tamil Nadu Administrative Tribunal with a prayer to pay the Stagnation increment with effect from 20.09.1995 with interest at the rate of 18% per annum. For Petitioner : Mr. R. Singaravelan For Respondents : Mr.C. Devi Government Advocate ORDER The petitioner joined service on 20.09.1965 as Secondary Grade Assistant and retired from service on 30.04.1997 after rendering 32 years of service. According to the petitioner, on completion of 30 years of service, the Government ought to have granted stagnation increment as per G.O.Ms.No. 241, Finance Department, dated 01.04.1981. The grievance of the petitioner is that the stagnation increment was not granted as per G.O.Ms.No. 241. Therefore, he filed O.A.No.4543 of 2000 (W.P.No.43975/2006) praying for a direction to the respondents to pay the stagnation increment with effect from 20.09.1995 on completion of 30 years of service. 2. The first respondent filed counter affidavit to delete the 1st respondent as he is not a necessary party to this petition and the https://hcservices.ecourts.gov.in/hcservices/ original application (writ petition)has to be dismissed as against the first respondent. 3. In this case, the petitioner has retired in the year 1997. After retirement, issue relating the pension ought to be settled with the concurrence of the first respondent. If the petitioner is entitled to stagnation increment, the pension and other retirement benefits will also have to be revised. 4. In these circumstances, I am of the view that the first respondent is also a necessary party. In the facts and circumstances of the case, a direction is issued to the respondent Nos. 1 & 2 to consider the petitioner's claim for stagnation increment on completion of 30 years of service, as per G.O.Ms.No. 241, Finance (Pay Cell) Department, dated 01.04.1981 and pass an appropriate order within a period of 6 weeks from today. If the petitioner is entitled to stagnation increment, the respondents are directed to pay the arrears within a period of 4 weeks thereafter and the respondents are further directed to revise the terminal benefits also and pay arrears thereon, with the arrears of stagnation increment. Accordingly, the writ petition is disposed of. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sms To: 1. The Secretary of Govt., Education Department, Secretariat, Chennai -9. 2. The Chief Educational Officer, Dharmapuri. 1 cc To Mr. R. Singaravelan, Advocate, SR.70193 1 cc To The Government Pleader, SR.70440 W.P.No. 43975 of 2006 (O.A.No.4543 of 2000) bur(co) pmk.27.9.2010 https://hcservices.ecourts.gov.in/hcservices/