IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2008 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.4669 of 2003 in W.P.M.P.No.5913 of 2003 Dr.P.S.Jainullabideen ... Petitioner Vs. 1.The Director of Local Fund Audit, Kuralagam, 6th Floor, Chennai-600 108. 2.Collector of Ramnad, Ramnad. 3.The Commissioner, Panchayat Union, R.S.Mangalam, Ramnad District. ... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the order passed by the 3rd respondent in his Na.Ka.A1/3020/2002 dated 30.01.2003 and quash the same. For Petitioner : Mr.M.Md.Ibrahim Ali For Respondents : Mr.P.Muthukumar,for R1 & 2 G.A. Mr.P.S.Jayakumar for R-3 https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition has been filed praying for a writ of Certiorari to call for the records relating to the order passed by the 3rd respondent, in Na.Ka.A1/3020/2002, dated 30.01.2003 and quash the same. 2. It has been stated that the petitioner's salary has been revised, based on G.O.Ms.No.250, Rural Development Department, dated 14.09.2000. 3. The learned counsel appearing on behalf of the 3rd respondent had submitted that G.O.Ms.No.250, Rural Development Department, dated 14.09.2000, has been quashed, by an order, dated 19.04.2006, passed by a Division Bench of this Court in a batch of writ petitions, in W.P.No.30003 of 2004 etc., (batch), and that it has become final. The relevant portion of the order passed by the Division Bench of this Court reads as follows:- 41. The petitioners are entitled to all service benefits including pension and other benefits as per law. Any order passed by the authorities for recovery of the amounts based on G.O.Ms.No.250, dated 14.9.2000 in respect of payments already made in accordance with rules and regulations, is not sustainable in law. Further, the orders of the respondents revising the pay scale or denying the benefits based on the abovesaid G.O.Ms.No.250, dated 14.9.2000, also are not sustainable. All proceedings which are the subject matters of challenge before this Court based on the abovesaid G.O.Ms.No.250, dated 14.9.2000, denying the benefits, are liable to be set aside. Hence, the impugned orders of the authorities insofar as they relate to recovery of the amount paid to the petitioners, are quashed. The impugned orders where the authorities have refused to grant the terminal benefits, pay, pension, etc., based on the aforesaid G.O.Ms.No.250, dated 14.9.2000 are quashed and there will be a direction to settle their claims as prayed for. 42. All the benefits applicable to the petitioners/rural medical officers based on the order of the learned single Judge in W.P.No.863 of 1989, dated 8.3.1995, as confirmed by the Division Bench of this Court in W.A.No.922 of 1995 etc., dated 1.2.1996 and the https://hcservices.ecourts.gov.in/hcservices/ subsequent Government Orders, shall be properly calculated and paid to the petitioners. Needless to say that all the terminal benefits applicable including the pensionary benefits, shall be paid to the petitioners/Rural Medical Officers who are appointed and serving prior to passing of G.O.Ms.No.250, dated 14.9.2000, without any discrimination. It is made clear that based on the time scale of pay fixed, they will be entitled to all consequential benefits applicable to Government servants. The recovery if any already made should be refunded. 43. The writ petitions are allowed to the extent indicated above. No costs. Connected pending W.P.M.Ps. are closed. 4. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents and in view of the order passed by the Division Bench of this Court, on 19.04.2006, the impugned order of the third respondent, dated 30.01.2003, is quashed and the writ petition stands allowed. No costs. Consequently, connected M.P. is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. rrg To 1.The Director of Local Fund Audit, Kuralagam, 6th Floor, Chennai-600 108. 2.The Collector of Ramnad, Ramnad. https://hcservices.ecourts.gov.in/hcservices/ 3.The Commissioner, Panchayat Union, R.S.Mangalam, Ramnad District. 1 cc to the Government Pleader, SR. 71032 1 cc to Mr.M.Md. Ibrahim ali, Advocate, Sr. 71403 W.P.No.4669 of 2003 GR (CO) kk 6/2 https://hcservices.ecourts.gov.in/hcservices/