N.Jayasekhar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM:
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Jayasekhar .. Petitioner vs 1.The State of Tamil Nadu, Rep. By its Principal Secretary to Government, School Education Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Tiruvallur District, Tiruvallur, 4.The District Educational Officer, Avadi Education District, Avadi, Chennai - 600 055.
5.The Correspondent Kothandaraman Government Aided High School, Uthukottai, Tiruvallur District - 602 026.
..
Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to 1/5
sanction incentive increment to the petitioner for having higher qualification viz. P.G. Diploma in Yoga as granted as per the orders issued by the District Educational officer Avadi Vide proceedings in Mu.Mu.No. 661/Aa2/ 2020 dated 12.10.2020 in consideration of on the proposal submitted by the 5th respondent school dated 02.05.2022 with consequential and other attendant benefits including arrears of salary within a time frame to be fixed by this Court. For Petitioner :
Mr.G.Sankaran For Respondents :
Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 to R4
ORDER
The grievance of the petitioner is that even though the incentive increment was granted to him by the respondents on 12.10.2020 with effect from 03.06.2019, till date, incentive increment has not been paid.
2.
The petitioner has filed the documents along with this writ petition to substantiate his claim. It is for the respondents to consider the same on merits.
3.
The fifth respondent / School has also re-submitted the proposal on 02.05.2022 to the third respondent seeking approval for the payment of incentive increment to the petitioner as per the proceedings of the fourth respondent dated 12.10.2020. 2/5
4.
No prejudice would be caused to the respondents if the petitioner's representation seeking for incentive increment as per the proceedings dated 12.10.2020 issued by the fourth respondent ís considered on merits and in accordance with law within a time frame to be fixed by this Court.
5.
For the foregoing reasons, this Court directs the third respondent to pass final orders on merits and in accordance with law on the fifth respondent's proposal dated 02.05.2022 seeking for payment of incentive increment to the petitioner based on the proceedings of the fourth respondent dated 12.10.2020 within a period of twelve weeks from the date of receipt of a copy of this order.
6.
With the aforesaid direction, this writ petition is disposed of. No costs.
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To 1.The Principal Secretary to Government, School Education Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Tiruvallur District, Tiruvallur, 4.The District Educational Officer, Avadi Education District, Avadi, Chennai - 600 055.
5.The Correspondent Kothandaraman Government Aided High School, Uthukottai, Tiruvallur District - 602 026.
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ABDUL QUDDHOSE,J.
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