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Madras High CourtWP/4169/2020disposed of

D.Bakiyaraj v. The Joint Director Of School Education

2020-02-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.4169 of 2020 D.Bakiyaraj .. Petitioner - Vs -

1. The Joint Director of School Education, D.P.I. College Road, Chennai-600 006.

2. The Chief Educational Officer, Krishnagiri, Krishnagiri District.

3. District Planning Organizer cum Additional Chief Educational Officer (SSA) Krishnagiri, Krishnagiri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondent to consider the petitioner's appeal representation dated 30.09.2019 to accept the M.Phil (Tamil) degree and restore the approval granted by the third respondent in her letter No.Na.Ka.No.286/A1/A Ka E/2017 dated 04.10.2018 for grant the second incentive increment for acquiring higher qualification M.Phil (Tamil) and all the arrears of pay. For Petitioner : Mr.R.Sreedharan For Respondents : Mrs.V.Annalakshmi Government Advocate ***

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the respondent to consider the appeal/representation made by the petitioner on 30.09.2019 and pass orders within a time stipulated by this Court.

2. The case of the petitioner is that he was working as a Teacher and during his employment, with the permission of the third respondent, he underwent M.Phil course and completed the same. He, thereafter, made a representation to the second respondent to sanction incentive increment for acquiring M.Phil Degree. The third respondent also recommended for the said incentive.

However, the second respondent, by proceedings in November, 2018 rejected the claim made by the petitioner. Aggrieved by the same, the petitioner had filed https://hcservices.ecourts.gov.in/hcservices/

an appeal/representation before the first respondent. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. Heard Mr.R.Sreedharan, learned counsel appearing on behalf of the petitioner and Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents.

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 first respondent to consider the representation/appeal made by the petitioner on 30.09.2019 and pass appropriate orders on its own merits and in accordance with law within a period of six

(6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the appeal/representation dated 30.09.2019 and a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar KMI To

1. The Joint Director of School Education, D.P.I. College Road, Chennai-600 006.

2. The Chief Educational Officer, Krishnagiri, Krishnagiri District.

3. District Planning Organizer cum Additional Chief Educational Officer (SSA) Krishnagiri, Krishnagiri District.

+1 cc to Government Pleader Sr.No. 16237 WP.No.4169 of 2020 svi (CO) A.SK(23/03/2020) https://hcservices.ecourts.gov.in/hcservices/