K.Ratty, S/O.Kumarasamy v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-04-2016

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA W.P.No.12220 of 2016 K. Ratty, S/o. Kumarasamy Chief Educational Officer (Retired) 4/15, Muthumurugan Illam Gandhipuram, Gandhi Nagar (PO) Udumalpet 642 154 Tiruppur District.

... Petitioner Vs.

1.

The Government of Tamil Nadu rep by Secretary to Government Finance (CMPC) Department Fort St. George, Chennai 600 009 2.

The Secretary to Government School Education Department Fort St. George, Chennai 600 009 The Director of School Education College Road, Chennai 600 006 The Chief Educational Officer Tiruppur District, Tiruppur Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing 1st respondent to pass orders on the proposal sent in Rc.No.102309/A1/S5/2013 dated 01-04-2015 sent by the third respondent within such time that may be prescribed by this Court.

For petitioner :

Mr. R. Saseetharan For respondents :

Mr. P. Chinnadurai, GA *****

O R D E R

Mr. K. Ratty, who was appointed as B.T. Assistant in District Board High School at Koolavadi, Coimbatore District was given promotion as Head Master in the Government High School at

Rottikadai, Coimbatore District on 08-08-1988. Finally, he retired from service with effect from 31-08-1998, while he was working as Head Master in the High School, Kudimangalam, Tiruppur District. As per G.O.Ms.No.78 dated 24-03-2010 he was given notional promotion to the post of District Educational Officer with effect from 08-01-1997. Subsequently, he was also given the notional promotion to the post of Chief Educational Officer with effect from 18-08-1998, as per G.O.Ms.No.272 dated 26-10-2012. In view of the notional promotion given to him, the question of pay fixation arises. Therefore, it is pleaded that his case is covered under the proposal sent by the second respondent dated 01-04-2015 for early order. The proposal sent by the Director of School Education has not been till date considered by the first respondent. Hence he has filed the present writ petition.

2.

Mr. P. Chinnadurai, learned Government Advocate takes notice for the respondents.

The third respondent/Director of School Education in his proceedings dated 01-04-2015 sent to the first respondent has sought orders as to the pay fixation. The petitioner has already reached the age of 75. In view of the said fact, this Court deems fit to direct the first respondent to consider the pending proposal on merits and in accordance with law and pass appropriate orders fixing the pay to the petitioner as expeditiously as possible, preferably within a period of four weeks from today.

Accordingly, the writ petition is disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar glp To 1.

The Secretary Government of Tamil Nadu Finance (CMPC) Department Fort St. George, Chennai 600 009 2.

The Secretary to Government School Education Department Fort St. George, Chennai 600 009

The Director of School Education College Road, Chennai 600 006 The Chief Educational Officer Tiruppur District, Tiruppur +1 cc to Government pleader sr.21299 W.P.No.12220 of 2016 aa27/04/2016