K.Veeramani v. The District Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Veeramani ... Petitioner -vs1. The District Educational Officer Tirupattur District.

2. Block Educational Officer Jolarpettai Block Tirupattur Educational District Tirupattur District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to step up the pay of the Petitioner on par with his junior Vinoth Kumar with effect from 01.04.2017 when anomaly arose by taking into consideration the judgments of this Hon'ble Court in W.A. No. 78 of 2021 by its dated 09.04.2021 and W.A. No. 178 of 2021 order dated 18.03.2021 by considering the fact that transfer from one Panchayat Union to another would not disentitle the Petitioner for grant of stepping up of pay. 1/5

For Petitioner :

Mr. S.Suneetha For Respondents :

Mr. B.Vijay Additional Government Pleader

O R D E R

Heard Ms. S.Suneetha, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Though the Writ Petition has been filed for directing the Respondents to step up his pay on par with his junior, viz., Vinoth Kumar, with effect from 01.04.2017 by taking into consideration the order dated 09.04.2021 in W.A. No. 78 of 2021 and order dated 18.03.2021 in W.A. No. 178 of 2021 passed by the Division Bench of the Court and by considering the fact that transfer from one Panchayat Union to another would not dis-entitle him from getting step up in pay, Learned Counsel for the Petitioner submits that the Petitioner would be satisfied, if the representations dated 21.04.2022, 04.06.2022 and 13.06.2022 made by him in that regard is directed to be disposed by the concerned authority within the time limit that may be fixed by the Court. 2/5

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:- (i) the concerned authority shall immediately examine the representations dated 21.04.2022, 04.06.2022 and 13.06.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

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In fine, the Writ Petition is disposed on the aforesaid terms. No costs. 16.03.2023 Maya Index: Yes/No Note: Issue order copy by 05.06.2023.

To

1. The District Educational Officer Tirupattur District.

2. Block Educational Officer Jolarpettai Block Tirupattur Educational District Tirupattur District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

Maya 16.03.2023 5/5