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Madras High CourtWP/304/2021disposed of

B.Nedunchezhian v. The Chief Educational Officer

2021-01-07Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.01.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.304 of 2021 B.Nedunchzhian ... Petitioner Vs

1. The Chief Educational Officer, Chief Educational Office, Nagapattinam & District.

2. The Head Master, Government Higher Secondary School, Sembodai & Post, Vedharanyam Taluk, Nagapattinam District.

.... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd respondent to prepare proper arrear bills of the petitioner for selection grade salary from 18.02.2009, annual increment from 01.01.2010 and pay commission arrears and also to make arrangement to en-cash it.

For Petitioner : Mr.P.Vijendran For Respondents : Mr.P.Raja Government Advocate

O R D E R

This writ petition has been filed, seeking direction to the 2nd respondent to prepare proper arrear bills of the petitioner for selection grade salary from 18.02.2009, annual increment from 01.01.2010 and pay commission arrears and also to make arrangement to en-cash it.

2. The case of the petitioner is that the petitioner has joined as secondary Grade teacher on 17.021999 by the 1st respondent. His probation was declared from 18.02.2001 and subsequently, the order was made on 03.07.2012. Hence, he has to be given Selection Grade from 04.07.2012. Presently he is working in the 2nd respondent School. Therefore, he has given a

representation to the 2nd respondent on 04.09.2020 for his Selection Grade which was forwarded to he 1st respondent. The 2nd respondent has sent a letter to the 1st respondent to consider the representation of the petitioner and the request was considered by the 1st respondent and also directed the 2nd respondent to consider the same as per Rules. Since the 2nd respondent did not comply with the order of the 1st respondent, the petitioner has given another representation on 18.02.2020. But, so far there is no action taken by the 2nd respondent. Hence, the petitioner has approached this Court by way of filing this writ petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. It is stated by the learned counsel appearing for the respondents that by taking into account of the communication dated 23.11.2020 made in X/K:/vz;/1467-<3-2020, the decision shall be taken and the representation of the petitioner shall be considered.

5. In view of the above, taking into account the communication dated 23.11.2020 made in X/K:/vz;/1467-<3-2020 passed by the 1st respondent, the 2nd respondent is directed to consider the representation of the petitioner dated 18.02.2020 as early as possible, preferably within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vum To:

1. The Chief Educational Officer, Chief Educational Office, Nagapattinam & District.

2. The Head Master, Government Higher Secondary School, Sembodai & Post, Vedharanyam Taluk, Nagapattinam District.

+1cc to Mr.P.Vijendran, Advocate SR.1388 +1cc to the Government Pleader SR.1233 W.P.No.304 of 2021 SSD(CO) CB(09/02/2021)