Advocates:
['M/S D RAJAGOPAL', '', 'T SHREELEKHA', 'S UMA MAHESWARI', 'D DEEPA', 'S JAYASHREE', 'M/S M BASKAR', '', 'M/S HEMA MURALIKRISHNAN', 'FOR R & R', 'R HE PAY AND ACCOUNTS OFFICER', 'HIGH COURT CHENNAI', 'SERVICE AWAITED REG R', 'NO READY', '', 'PVT NOTICE PERMITTED', 'PROOF NOT FILED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2018

CORAM:

THE HON'BLE MR.JUSTICE M.VENUGOPAL

AND

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

W.P.No.2522 of 2018

R.Ramaraj

... Petitioner

vs.

1.The Registrar General,

High Court,

Madras.

2.The Principal Accountant General,

(Accounts & Entitlements), Tamil Nadu,

No.361, Anna Salai,

Chennai-600 018

3.The Senior Accounts Officer/GAD

Office of the Principal Accountant General,

(Accounts & Entitlements) Tamil Nadu,

No.361, Anna Salai,

Chennai-600 018

4.Thiru N.Ramachandran

District Judge(Retd),

Residing at No.24/29,

Chavadi Street,

Korattur,

Chennai-600 080

5.The Pay and Accounts Officer,

High Court,

Chennai-600 104

... Respondents

Petition filed under Article 226 of the Constitution of

India praying to issue a writ of Certiorarified Mandamus, to

call for the entire records pertaining to the communication of

the Second Respondent, signed by the Third Respondent in

GADIV/AAO/123-14249, dated 11.05.2017, and to quash the same and

direct the First Respondent to give all monetary benefits from

07.05.2017 as per G.O.Ms.No.977 dated 06.10.1986, and further

settle the difference of pay and allowances for the Re-

https://hcservices.ecourts.gov.in/hcservices/

employment period from 16.06.2011 to 06.07.2012 and 2013 to 2015.

For Petitioner : Mr.D.Rajagopal

For Respondents : Mr.M.Baskar for R1

Ms.Hema Muralikrishnan for R2 and R3

Mr.S.N.Parthasarathy,G.A.

For R5

ORDER

(Order of the Court was made by M.VENUGOPAL,J.)

The Petitioner has preferred the present Writ Petition

praying for passing of an Order by this Court in calling for the

entire Records relating to the Communication of the Second

Respondent/Principal

Accountant

General

(Accounts

&

Entitlements), Tamil Nadu, signed by the Third Respondent/Senior

Accounts Officer/GAD, Office of the Principal Accountant General

(Accounts & Entitlements), Tamil Nadu, in GADIV/AAO/123-14249,

dated 11.05.2017 and to quash the same. Further, the Petitioner

has sought for passing of a consequential Order by this Court in

directing the First Respondent/High Court of Madras, represented

by Registrar General, Chennai-104, to grant all monetary

benefits from 07.05.2007 as per G.O.Ms.No.977, dated 06.10.1986

and also to settle the difference of Pay and Allowances for the

'Re-employment' period from 16.06.2011 to 06.07.2012 and 2013 to

2015.

2.Heard the Learned Counsel for the Petitioner,

Mr.M.Baskar, the Learned Counsel for the First Respondent,

Ms.Hema Muralikrishnan, the Learned Counsel for the Second and

Third Respondent and Mr.S.N.Parthasarathy, the Learned

Government Advocate for the Fifth Respondent.

3.Even though service of notice to R4 is awaited, this

Court proceeds to deal with the present Writ Petition on merits

of the matter.

4.According to the Petitioner, he joined as Judicial

Second Class Magistrate on 24.02.1983 in Tamil Nadu State

Judicial Service and then promoted as Civil Judge (Senior

Division) on 14.3.2001. The Fourth Respondent was his immediate

Junior throughout i.e. both in the cadre of Judicial Second

Class Magistrate and also in the cadre of Civil Judge (Senior

Division).

5.The stand of the Petitioner is that on 07.05.2007,

the First Respondent, without any reason had ignored him and

https://hcservices.ecourts.gov.in/hcservices/

promoted the Fourth Respondent as Additional District Judge

(Fast Track Court) on Adhoc Basis completely ignoring his

seniority, putting a dent and causing a blow to his sincere

service rendered so far. After a period of one year and four

months from the time of promoting the Fourth Respondent as

Additional District Judge (Fast Track Court) on Adhoc Basis,

the Petitioner was promoted as Additional District Judge (Fast

Track Court) on Adhoc Basis on 01.09.2008. But, his Seniority

was not r