R.Sumati, v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO.1956 of 2020 R. Sumati ... Petitioner -Vs1. Government of Tamil Nadu, rep. by Secretary to Government School Education Department, Chennai 600 009.

2. The Director of Elementary Education, Chennai 600 006.

3. The District Elementary Educational Officer Salem.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other appropriate Writ, Direction or Order in the nature of a Writ, directing the respondents to fix the pay of the petitioner in the promoted post of Graduate Assistant (English), with effect from 07.08.2017 i.e. after grant of annual increment in the lower pay i.e. on 01.06.2017 and award of Special Grade Scale in the post of Secondary Grade Teacher on 06.08.2017 in accordance with her option and to grant her all consequential benefits within a limited time frame.

For Petitioner : Mr. M. Ravi For Respondents : Mr. A. Rajaperumal Additional Government Pleader for R1 to R3.

ORDER

This Writ Petition has been filed to issue Writ of Mandamus directing the respondents to consider the representation made by the petitioner wherein the petitioner has sought for certain monetary benefits.

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2. The case of the petitioner is that he is working as a graduate teacher (English) and he had exercised his option for fixation of pay in the said post after getting the next increment in the lower post and after fixation of pay in Special Grade in the lower post, which according to the petitioner was due to him on 01.06.2017 and 06.08.2019. The petitioner has also undertaken to remit back the excess salary disbursed to him in the post of graduate teacher. The petitioner made representation on 04.04.2019 to the respondents in this regard. Since the same did not evoke any response, the present Writ Petition has been filed before this Court.

3. Heard Mr. M. Ravi, the learned counsel for the petitioner and Mr.A. Rajaperumal the learned counsel for the petitioner.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 04.04.2019 and pass appropriate orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the second respondent along with a copy of the representation dated 04.04.2019 and a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bga 2/3

1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Chennai 600 009.

2. The Director of Elementary Education, Chennai 600 006.

3. The District Elementary Educational Officer Salem.

+1cc to Mr. M. Ravi, Advocate sr.7798 W.P.NO.1956 of 2020 nmi(co) nr 05/03/2020 3/3