R.Selvakumar v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.3399 of 2019 and WMP No.3681 of 2019 R.Selvakumar ..

Petitioner vs.

1.Government of Tamil Nadu, Rep. by Principal Secretary to Government Finance(CMPC) Department, Secretariat, Chennai - 600 009.

2.The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

3.The Director of School Education, Chennai - 600 006.

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

..

Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent, relating to Government Letter No.35520/Finance(CMPC) Department/2015-1 dated 02.11.2015, to quash the same and to issue consequential directions to the respondents to extend the benefit of fixation of pay in the post of Secondary Grade Teachers with PP of Rs.750/- as granted in G.O.Ms.No.23, Finance(PC) Department dated 12.01.2011 with effect from 01.01.2011 on notional basis and all consequential benefits from 01.01.2006 as it was done for other categories of teachers/posts and consequentially revise the scale of pay for the petitioner with all consequential benefits within a limited time frame.

For Petitioner : Mr.M.Ravi For Respondents : Mr.A.Raja Perumal Additional Government Pleader.

O R D E R

Though the larger relief of quashing the impugned order dated 02.11.2015 is sought for in the present writ petition.

2. The learned counsel appearing on behalf of the writ petitioner now confined his prayer by stating that it is suffice if a direction is issued to the 1st respondent to consider the representation, in view of the fact that the similar cases are under consideration before the 1st respondent.

3. The grievances of the writ petitioner is that the revised fixation of pay as applicable to the post of B.T. Assistant has not been granted with reference to the Government orders in force. In this regard, the petitioner submitted a representation on 10.10.2018 to the 1st respondent and the same is pending for consideration.

4. Under these circumstances and without going in the merits of the case, the 1st respondent is directed to consider the representation submitted by the petitioner on 10.10.2018 and pass orders on merits in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and the Government orders, if any, along with the orders passed in the writ petition.

5. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions is closed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar Kak/kmm

To 1.Government of Tamil Nadu, Rep. by Principal Secretary to Government Finance(CMPC) Department, Secretariat, Chennai - 600 009.

2.The Pricipal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

3.The Director of School Education, Chennai - 600 006.

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

+1cc to Mr.M.Ravi, Advocate SR.No.10612 +1cc to Government Pleader SR.No.10746 W.P.No.3399 of 2019 and WMP No.3681 of 2019 SAI(CO) GMY(05/03/2019)