Rev.Bro.Varghese K.J, v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.9965 of 2017 Rev.Bro.Varghese K.J.

.. Petitioner Vs 1.The Secretary to the Government, School Education Department, Fort St. George, Chennai - 6.

2.The Director of School Education, DPI, College Road, Chennai - 6.

3.The Inspector of Anglo Indian Schools, DPI Campus, College Road, Chennai - 6.

4.The Chief Educational Officer, Salem Educational (District), Salem.

5.The Correspondent, Montfort Anglo Indian Higher Secondary School, Yercaud, Salem District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records on the file of the first respondent in connection with the Government order passed in G.O.Ms.No.199, School Education (ii) Department, dated 17.09.2008, quash the same and consequently to direct the respondents to grant extension of five years on the basis of Awards received by the petitioner viz. Dr.Radhakrishnan State Award for the year 20132014, National Award for the Teacher for the year 2015-2016 and the award for promoting the Schools as one of the Best Schools in India by the Education World, New Delhi, for the year 20162017.

For petitioner : Mr.R.Singaravelan, SC for M/s.R.Nalliyappan For Respondents : Mr.K.Venkataramani, AAG Assist. By Mr.P.Sanjay Gandhi, AGP

O R D E R

By way of filing this writ petition, the petitioner seeks to quash the impugned Government Order passed in G.O.Ms.No.199, School Education (ii) Department, dated 17.09.2008, in and by which, the first respondent recalled the G.O.Ms.No.837, dated 04.05.1976, granting five years of extension of service to the Retired National Awardee Teachers.

2. After some arguments, it is stated by the learned Additional Advocate General for the respondents that till date, no National Award was granted to the Teachers, therefore, the Government have resolved to recall the said G.O.Ms.No.837, dated 04.05.1976, granting five years of extension of services to the retired National Awardee Teachers.

3. It is at this stage, learned Senior counsel for the petitioner sought for a limited prayer of a direction to the respondent to consider the pending representation dated 17.03.2017 of the petitioner.

4. Therefore, this Court, without going into the merits of the matter, directs the first respondent to consider and pass appropriate orders on the pending representation dated 17.03.2017 of the petitioner on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With this direction, the writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

-s/dAssistant Registrar(CCC) True Copy Sub-Assistant Registrar rkm

To 1.The Secretary to the Government, School Education Department, Fort St. George, Chennai - 6.

2.The Director of School Education, DPI, College Road, Chennai - 6.

3.The Inspector of Anglo Indian Schools, DPI Campus, College Road, Chennai - 6.

4.The Chief Educational Officer, Salem Educational (District), Salem.

+1 cc to the Government Pleader sr 36611 W.P.No.9965 of 2017 rsy(co) aa04/05/2017