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Madras High CourtWP/4778/2025allowed

S.Madasamy v. The Secretary To Government,

2025-02-13Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.4778 of 2025 S.Madasamy .. Petitioner Vs.

1.The Secretary to Government, Education Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai - 600 006.

3.The District Elementary Educational Officer, Tenkasi.

4.The Block Educational Officer,, Vasudevanallur, Tenkasi District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 29.05.2024 made for grant of

annual increment from the date of appointment i.e., on 01.06.2012 and pass orders on the same in line with the order passed in W.A.No.3014 of 2023 dated 28.11.2023 within a time frame.

For Petitioner .. Mr.R.Kamaraj For R1 & R2 .. Mr.G.Velu, Additional Government Pleader

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 2nd respondent, the Director of Elementary Education, Chennai, to consider the representation dated 29.05.2024 by which representation the petitioner sought increment from the date of appointment, 01.06.2012. The petitioner placed reliance on the orders of this Court in W.A.Nos.3014 and 3023 of 2023 dated 28.11.2023. 2.In the affidavit filed in support of the writ petition, it had been contended that the petitioner had been appointed as Secondary Grade Teacher in Si.Ba. Athithanar Primary School, Rayagiri, Sivagiri Taluk, Tirunelveli District. It is contended that the District Elementary Education Officer, Tirunelveli, had granted approval for appointment of the petitioner.

It had also been stated that the respondents had paying salary but had not paid annual increment for the past 11 years. The petitioner places reliance on the judgment dated 28.11.2023 in W.A.Nos.3014 and 3023 of 2023, H.Thahera Begum Vs. Principal Secretary to Government, School Education Department, Chennai, wherein, it had been stated that increment should be granted and passing of Teachers Eligibility Test should not be made mandatory.

3.Accordingly, a direction is given to the 2nd respondent to examine the representation given by the petitioner herein and also examine the service records of the petitioner and examine the judgment in the aforementioned writ appeals and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. 4.With the above observations, this Writ Petition stands disposed of. No costs.

13.02.2025 Index:Yes/No Internet:Yes/No smv

To 1.The Secretary to Government, Education Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai - 600 006.

3.The District Elementary Educational Officer, Tenkasi.

4.The Block Educational Officer,, Vasudevanallur, Tenkasi District.

C.V.KARTHIKEYAN,J.

smv W.P.No.4778 of 2025 13.02.2025