JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to pay compensation of Rs.1,00,000/- (Rupees One Lakh only) from and out of his personal salary benefits to the petitioner for the harassment, humiliation and mental agony suffered by the petitioner and for depriving his fundamental right to livelihood and equality.)

(1) The writ petition has been filed in the nature of a mandamus seeking a direction to the 2nd respondent to pay compensation of Rs.1 lakh from and out of the personal salary benefits of the 2nd respondent who had since been deleted as a party to the writ petition.

(2) The petitioner was appointed as Ministerial Assistant on 02.05.1983 in Social Welfare Department of Government of Tamil Nadu. This Department was then bifurcated to form the Directorate of Rehabilitation of the Disabled. He worked as Selection Grade Post Graduate Assistant. He was appointed as P.G.Assistant on 24.12.1991. Thereafter, he had been asked to hold full additional charge as Principal, Government Higher Secondary School for the Blind at Poonamallee and its allied Units from 01.08.2002 till 29.08.2005 and thereafter, as Headmaster at Government Girls Higher Secondary School, Trichy, from 01.06.2006 till 17.09.2011. The petitioner had earlier filed a writ petition in WP.No.28336/2005 and by an order dated 05.09.2005, it was directed that his representation for seniority be considered by the respondents. The petitioner then again filed WP.No.16689/2009 seeking a direction to promote him to the post of Principal, Government Higher Secondary School for the Blind at Poonamallee, with effect from 01.06.1995 and also consequential promotion as Assistant Director, Special Schools, which was vacant from 01.08.2002. The petitioner then withdrew WP.No.16689/2009 and it was dismissed as withdrawn. The petitioner claimed that he had been denied due promotion. He had made several representations to the respondents. Finally, by proceedings dated 12.11.2015, the 2nd respondent had stated that the petitioner was not entitled for promotion as he had not been included in the panel for the post of Principal [Regular]. The petitioner then filed WP.No.5641/2016 seeking to interfere with that particular order. It is stated that an order of status quo had been granted and that the writ petition is still pending. The petitioner had also filed WP.No.9283/2017, again seeking promotion by reckoning his service with effect from 24.12.1991 and arrears of salary.

(3) A learned Single Judge of this Court, by an order dated 27.10.2022, had dismissed the writ petition. The petitioner now claims compensation of Rs.1 lakh to be paid to him from the 2nd respondent''s salary. The 2nd respondent had been deleted as a party to the writ petition by an order dated 02.01.2017 in WP.No.43908/2017. Therefore, there is no source for payment of compensation to the petitioner herein. Additionally, on 27.10.2022, subsequent to the deletion of the 2nd respondent, the earlier writ petition filed by the petitioner in WP.No.9283/2017 had also been dismissed. The ratio therein applies to the facts of this particular case.

(4) Let me extract the said order for better appreciation:-

''''2. The petitioner states that he was initially appointed as Ministerial Assistant on 02.05.1983 in the Social Welfare Department. The department was bifurcated and new department of Directorate of Rehabilitation for the Disabled was constituted. The petitioner worked as Selection Grade, Post Graduate Assistant in the newly formed Department. He was appointed as PG Assistant on 24.12.1991. The said appointment was questioned by the other candidates before the Tamil Nadu Administrative Tribunal and the matter went up to the Hon?ble Supreme Court of India and appointment of the writ petitioner as PG Assistant in the year 1991 was declared as null and void. Thus, the petitioner was found not eligible to