S. Viswanathan and Others vs The State of Tamil Nadu

M. Jaichandren, J.—This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the Respondent to implement the Government Order, in G.O. Ms. No. 371, Finance (Pension) Department, dated 30.4.1986, in favour of the Petitioners, for the payment of certain monetary benefits, which may be due to them.

At this stage of the hearing of the writ petition, the learned Counsel appearing on behalf of the Respondent had relied on the decision of a Division Bench of this Court, dated 17.12.2007, made in W.A. No. 1002 of 2006 (batch).

The learned Counsel appearing on behalf of the Petitioners had submitted that the Government Order, in G.O. Ms. No. 371, Finance (Pension) Department, dated 30.4.1986, had been quashed by the Tamil Nadu Administrative Tribunal and thereafter, the State Government had preferred Special Leave Petitions, in SLP Nos. 18020 to 18021, 20887 to 20889, 20891, 20892 to 20894 and 26655 of 2008, which are pending adjudication on the file of Supreme Court.

In such circumstances, it would not be open to the Petitioners to demand the implementation of the said Government Order, at this stage. Further, she had submitted that the benefits that may accrue to the Petitioners, from the Government Order, in G.O. Ms. No. 371, Finance (Pension) Department, dated 30.4.1986, could be decided only after a final order is passed by the Supreme Court in the above mentioned Special Leave petitions.

In such circumstances, the reliefs prayed for by the Petitioners cannot be granted, at this stage. Hence, the writ petition stands dismissed. No costs. However, it goes without saying that the claim of the Petitioners would be subject to the orders that may be passed by the Supreme Court in the pending Special Leave Petitions.