Madras High Court Weekly Round-Up: August 26 - September 1, 2024

Citations: 2024 LiveLaw (Mad) 330 To 2024 LiveLaw (Mad) 334 NOMINAL INDEX The State of Tamil Nadu v. SG Pushpalatha Gracelin and others, 2024 LiveLaw (Mad) 330 R Rakkiyappan v. The State of Tamil Nadu, 2024 LiveLaw (Mad) 331 CS Vaidyanathan v The Commissioner, HR & CE Department, 2024 LiveLaw (Mad) 332 ANS Prasad v The Secretary and Others, 2024 LiveLaw (Mad) 333 The Project Director, National Highways Vs. R.KaThe Project Director, National Highways No.45E & 220, National Highways Authority of India vs M.Mallika Begam and anr, 2024 LiveLaw (Mad) 334 REPORT “Atrocious Game By State”: Madras High Court Imposes Rs 5 Lakh Cost On State For Filing Frivolous Appeals Over Salary Dispute Case Title: The State of Tamil Nadu v. SG Pushpalatha Gracelin and others Citation: 2024 LiveLaw (Mad) 330 The Madras High Court recently imposed a cost of Rs.5 lakh on the State of Tamil Nadu for filing appeals against orders directing it to pay salaries to Assistant Professors. While ordering the exemplary costs, the bench of Justice R Subramanian and Justice L Victoria Gowri said it hoped the order would serve as an example and prevent the State from filing such appeals. The court also called the petitions an “atrocious game” played by the State on its citizens. The State had appealed against a 2023 order of a single judge directing it to pay the pending salary of Assistant Professors. The court observed that it did not find any reason to interfere with the order of the single judge. The court thus dismissed the appeals with exemplary costs. Out of the costs, the court ordered half the amount to be paid to the CANCARE Foundation. Leave From Employment For Research Abroad Should Not Be Treated As Break In Service, Must Be Counted For Pension Purposes: Madras High Court Case Title: R Rakkiyappan v. The State of Tamil Nadu Citation: 2024 LiveLaw (Mad) 331 The Madras High Court recently observed that as per the Tamil Nadu Leave Rules 1933, the period of absence from work for employment abroad shall not be treated as a break in service and must be counted for pension and other purposes. Justice Anand Venkatesh noted that even as per a Government Order issued in this regard, the period of absence during employment abroad should be treated as an extraordinary leave and should not be considered a break in service but one without allowance. The court was hearing a petition filed by Rakkiyappan who had approached the court after his leave period was not counted for pension, other terminal benefits, annual benefits and for Carrier Advancement Scheme (CAS). “Temple Prasad Key Element Of Worship”: Madras High Court Asks HR&CE Dept To Consider Preparing Prasadam On Its Own Without Commercialising Case Title: CS Vaidyanathan v The Commissioner, HR & CE Department Citation: 2024 LiveLaw (Mad) 332 The Madras High Court recently observed that temple prasadam is a key element in worship which gives immense satisfaction to the devotees and thus the Hindu Religious and Charitable Endowment department should consider preparing and distributing the prasadam on its own without leasing it to commercial operators or other individuals. Justice B Pugalendhi also remarked that the Prasadam is a blessing of the deity and it is the duty of the temple administration to ensure the quality of the Prasadam provided in the temple. The court thus wondered how the department would ensure the quality of the Prasadam when its production and supply were leased out to private individuals. Noting that temple was not a place for commercial activities, the court examined the income generated by leasing out the Prasadam stalls to private individuals and the income generated when the Prasadam is prepared and provided by the temple itself. The court noted that temples could generate higher income through Prasadam stalls by preparing it in the temple itself. Madras High Court Declines To Stall Formula 4 Street Race To Be Held In Chennai From August 31st To September 1st Case Title: ANS Prasad v The Secretary and Others Citation: 2024 LiveLaw (Mad) 333 The Madras High Court on Thursday refused to stall the Formula 4 Street Race that is scheduled to be held in Chennai on August 31st and September 1st, 2024. The division bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji allowed the race to be conducted subject to obtaining a license from the Federation Internationale de l'Automobile (FIA) which was to be obtained on or before 12 noon on 31st August. The court also made it clear that if the license was not obtained within the stipulated time, the event could not be conducted. The bench passed the interim orders after considering the affidavit filed by the Chennai City Traffic Police assuring that the free flow of traffic would not be affected and that there wouldn't be any hindrance in accessing the Government Hospital. The...

Madras High Court Weekly Round-Up: August 26 - September 1, 2024

Upasana Sajeev

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