N.Muniyappan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN 1.N.Muniyappan 2.K.Malliga 3.M.A.Krishnasamy 4.V.L.Varadhan ... Petitioners Vs 1.The State rep. by its The Secretary School Education Department, Fort St.George, Chennai 600 009.
2.The Director of School Education, D.P.I. College Road, Nungambakkam, Chennai 600 006.
3.The District Elementary Educational Officer, Vellore District.
4.The Assistant Elementary Education Officer, Thimiri, Vellore District.
5.The Assistant Elementary Education Officer, Kaniyambadi, Vellore District.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to dispose the petitioners' representation dated 10.01.2015 in the light of G.O.Ms.No.347, School Education Department dated 15.09.1998 and award Secondary Grade Assistant Scale of Pay by counting petitioners' entire Higher Grade Services on par with secondary Grade Scale of pay accordingly pay the revision of pension with all its arrears to the petitioners.
For Petitioners : No Appearance For Respondents : Mr.S.Rajesh, Government Advocate.
ORDER
The writ petition has been filed seeking a direction to consider the representation of the petitioners dated 10.01.2015 in light of G.O.Ms.No.347, School Education Department dated 15.09.1998 in respect of awarding the Secondary Grade Assistant scale of pay.
2. It is the grievance of the petitioners that they were initially appointed as Higher Grade Teachers in various schools of Vellore District and were subsequently observed as Secondary Grade Teachers. The petitioners are seeking the scale of pay for Secondary Grade Teachers by 2/6
taking into account their Higher Grade Services from the date of appointment. It is the petitioners' claim that they are entitled to the benefits as covered under G.O.Ms.No.347 dated 15.09.1998. In this regard, the petitioners submitted a representation to the respondents on 10.01.2015. Since the same has not been considered, they preferred the above writ petition.
3. Mr.S.Rajesh, learned Government Advocate appearing for the respondents would submit that the petitioners 3 and 4 died on 20.01.2022 and 17.03.2017 respectively. He would further submit that since the representation of the petitioners was submitted on 10.01.2015, the petitioner may submit a fresh representation in this regard and if any such representation is filed, the same will be considered by the respondents on merits within the time stipulated by this Court.
4. In view of the above submissions made by the learned counsel for the respondents, the petitioners and the legal heirs of petitioners 3 and 4 are directed to submit a fresh representation in this regard within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent shall consider the representation 3/6
and pass orders on merits and in accordance with law within a period of eight weeks thereafter.
5. With the above directions, the writ petition stands disposed of. No costs.
22.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No shk 4/6
To 1.The State rep. by its The Secretary School Education Department, Fort St.George, Chennai 600 009.
2.The Director of School Education, D.P.I. College Road, Nungambakkam, Chennai 600 006.
3.The District Elementary Educational Officer, Vellore District.
4.The Assistant Elementary Education Officer, Thimiri, Vellore District.
5.The Assistant Elementary Education Officer, Kaniyambadi, Vellore District.
5/6
G.ARUL MURUGAN, J.
shk 22.10.2024 6/6