K.Kaliyaperumal v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No. 2270 of 2023 K.Kaliyaperumal S/o.Kannusamy

...Petitioner

Vs 1.The State of Tamil Nadu, represented by its Principal Secretary to Government, 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, Ariyalur District, Ariyalur.

4.The District Educational Officer (Secondary), Udayarpalayam Education District, Ariyalur District.

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5.The Principal Secretary to Government, Fort St. George, Chennai - 600 009.

[R5 impleaded suo motu by this Court vide order dated 31.01.2023] ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 2 and 3 to pass orders for granting incentive increment to the petitioner for M.Phil Degree qualification acquired in the post of B.T.Assistant in accordance with G.O.Ms.No.18, School Education Department dated 18.01.2013 with consequential and other attendant benefits including arrears of salary in pursuance to the representation submitted by the petitioner dated 13.05.2022, within a time frame to be fixed by this Court. For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.D.Ravichander Special Government Pleader *****

O R D E R

The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009, is suo motu impleaded as fifth respondent in this writ petition.

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2. This writ petition has been filed for issuance of a writ of mandamus directing the respondents 2 and 3 to sanction incentive increment to the petitioner for having acquired higher educational qualification (M.Phil., Degree).

3. Heard Mr.S.Nedunchezhiyan, learned counsel appearing on behalf of the petitioner and Mr.D.Ravichander, learned Special Government Pleader, appearing on behalf of the respondents.

4. Learned Special Government Pleader appearing on behalf of the respondents, based on the written instructions received from second respondent dated 28.01.2023, submitted that the request made by the petitioner seeking for the incentive increment has already been forwarded to the Government and immediately after the receipt of the sanction from the Government, the incentive increment will be granted to the petitioner.

5. In view of the above, it is suffice to issue a direction to the impleaded fifth respondent to take a decision and to convey the same to the petitioner, within a period of eight (8) weeks from the date of receipt of 3/6

copy of this order. The petitioner is directed to make a fresh representation to the impleaded fifth respondent along with all the relevant documents and also a copy of this order.

This writ petition is disposed of with the above directions. No Costs. 31.01.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Principal Secretary to Government, 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, Ariyalur District, Ariyalur.

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4.The District Educational Officer (Secondary), Udayarpalayam Education District, Ariyalur District.

5.The Principal Secretary to Government, Fort St. George, Chennai - 600 009.

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N.ANAND VENKATESH, J gm Writ Petition No. 2270 of 2023 31.01.2023 6/6