Madras High CourtWP/10928/2016disposed of

G.Govindaraj, v. The State Of Tamil Nadu

2016-03-23Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.03.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.10928 of 2016 G.Govindaraj .. Petitioner vs 1 The State of Tamil Nadu Rep.by its Principal Secretary to Government School Education Department Secretariat Fort St.George Chennai-09.

2 The Director of School Education DPI Campus College Road Chennai- 600 006.

3 The Joint Director of School Education (Personnel) Directorate of School Education DPI Campus College Road Chennai- 600 006.

4 The Chief Educational Officer Thanjavur District Thanjavur.

5 The Principal Accountant General (A&E) O/o.Principal Accountant General(A&E) Teynampet Chennai-600 018.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to grant Selection Grade scale of pay to the petitioner in the post of Superintendent on retirement on superannuation on 31.01.2015 for the purpose of retirement and pensionary benefits and consequently direct the Respondents to revise the retirement benefits and pensionary benefits with payment of arrears along with interest by considering the Appeal Petition submitted on 03.12.2015 through proper channel, the 4th Respondent also forwarded the Appeal Petition to the 3rd Respondent as per the proceedings in Na.Ka.No.8619/A1/15 dated 14.12.2015 within a time frame to be fixed by this Honble Court.

For petitioner :

Mr. G.Sankaran For R1 to R4 :

Mr.P.Chinnadurai Government Advocate

O R D E R

This writ petition has been filed by G.Govindaraj, seeking a writ of mandamus directing the respondents to grant Selection Grade scale of pay to him in the post of Superintendent for the purpose of retirement and pensionary benefits and consequently direct the Respondents to revise the retirement benefits and pensionary benefits with payment of arrears along with interest by considering the Appeal Petition submitted on 03.12.2015 through proper channel, which has already been forwarded by the 4th Respondent to the 3rd Respondent vide proceedings in Na.Ka.No.8619/A1/15 dated 14.12.2015.

2. Heard Mr.G.Sankaran, learned counsel for the petitioner and Mr.P.Chinnadurai, learned Government Advocate, who took notice for the respondents and with their consent, the writ petition is taken up for disposal at the time of admission.

3. The petitioner, who retired from service on 31.01.2015 on attaining the age of superannuation from the post of Superintendent, has filed an appeal on 03.12.2015, through proper channel, claiming revised retirement and pensionary benefits after granting Selection Grade scale of pay in the post of Superintendent and the same has been forwarded by the fourth respondent to the third respondent vide proceedings in Na.Ka.No.8619/A1/15 dated 14.12.2015. Since the same has not been considered, the petitioner has come to this Court.

4. Considering the limited prayer sought for by the petitioner, this Court, without going into the merits of the writ petition, directs the respondents 2 and 3 to consider the Appeal Petition dated 03.12.2015, which has been forwarded to the third respondent by the fourth respondent vide proceedings in Na.Ka.No.8619/A1/15 dated 14.12.2015, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar ga To 1 The Principal Secretary to Government School Education Department Secretariat Fort St.George Chennai-09.

2 The Director of School Education DPI Campus College Road Chennai- 600 006.

3 The Joint Director of School Education (Personnel) Directorate of School Education DPI Campus College Road Chennai- 600 006.

4 The Chief Educational Officer Thanjavur District Thanjavur.

5 The Principal Accountant General (A&E) O/o.Principal Accountant General(A&E) Teynampet Chennai-600 018.

+1cc to Mr.G. Sankaran, Advocate, S.R.No.18466 +1cc to the Government Pleader, S.R.No.18698 SKV(CO) EU(7/04/2016) W.P.No.10928 of 2016