S.Ravikumar v. The Joint Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.4115 & 4118 of 2023 S.Ravikumar S/o.C.Shanmugam
...Petitioner
Vs 1.The Joint Director of School Education, (Vocational) Chennai - 600 006.
2.The Chief Educational Officer, Chennai - 600 018.
3.The District Educational Officer, Central Chennai.
4.The Secretary, P.S.Higher Secondary School, Mylapore, Chennai - 600 004.
5.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
[R5 impleaded suo motu by this Court vide order dated 13.02.2023] ... Respondents 1/7
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus relating to the proceedings of the first respondent dated 22.07.2022 in Na.Ka.No.31363/tp1-,1-2022, quash the same and further direction, directing the respondents for payment of incentive increment to the petitioner for acquiring higher qualification based on G.O.240 dated 18.08.2010.
For Petitioner : Mr.R.Saravanakumar For Respondents : Mr.Ru.Dinesh Rajkumar, Additional 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.
2. This writ petition has been filed challenging the proceedings of the first respondent dated 22.07.2022 and for a consequential direction to the respondents to pay incentive increment to the petitioner for having acquired higher qualification based on G.O.240, dated 18.08.2010. 2/7
3. The case of the petitioner is that he was working in the fourth respondent school as a vocational teacher handling commerce group and he retired from service on 31.10.2022. According to petitioner, he possesses M.Com and B.Ed. qualification and that he is entitled for incentive increment for acquiring higher qualification as per G.O.240, dated 18.08.2010. The grievance of the petitioner is that the first respondent, instead of granting incentive increment, refused the same on the ground that the matter is pending before the fifth respondent. Aggrieved by the same, the present writ petition has been filed before this Court.
4. Heard Mr.R.Saravanakumar, learned counsel appearing on behalf of the petitioner and Mr.Ru.Dinesh Rajkumar, learned Additional Government Pleader, appearing on behalf of the respondents.
5. Learned Additional Government Pleader appearing on behalf of the respondents, submitted that the request made by the petitioner seeking for incentive increment has already been forwarded to the Government and immediately after receipt of sanction from the Government, incentive increment will be granted to the petitioner.
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6. 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 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. Consequently, connected miscellaneous petitions are closed. 13.02.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Joint Director of School Education, (Vocational) Chennai - 600 006.
2.The Chief Educational Officer, Chennai - 600 018.
3.The District Educational Officer, 4/7
Central Chennai.
4.The Secretary, P.S.Higher Secondary School, Mylapore, Chennai - 600 004.
5.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
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N.ANAND VENKATESH, J gm 6/7
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