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Madras High CourtWP/2056/2017disposed of

Perumanandham v. The Secretary To

2017-01-30Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2017

CORAM:

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2056 of 2017 1 Perumanandham S/o.Murugaiyan 3/961 Bharathiyar Street Mettukuppam Thoraipakkam Chennai-600 097.

...Petitioner

Vs 1 The Secretary to Government Higher Education Department Government of Tamil Nadu Secretariat Chennai- 600 009.

2 The Commissioner Directorate of Technical Education Guindy Chennai- 600 025.

3 The Additional Director to Technical Education (Polytechnic) Guindy Chennai - 600 025.

4 The Principal Dr.Dharmambal Government Polytechnic College for Women Taramani Chennai- 600 113.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd Respondent to dispose of the representation dated 22.11.2016 and further to direct the 2nd respondent to disburse the amount to the petitioner for which he is legally entitled as per the G.O.(MS) No.111/Higher Education(C2) Department dated 25-05-2010. For petitioner :

Ms. M. Amudha For respondents :

Mr. K. Dhananjayan,Spl.G.P.

ORDER

Mr. K. Dhananjayan, learned Special Government Pleader accepts notice on behalf of respondents.

2.

By consent, the writ petition is taken up for final disposal.

3.

The petitioner, joined service on 02-03-1983 as a Store Keeper in the Government Higher Secondary School, Nagapattinam. Thereafter, he was appointed as Librarian in Thanthai Periyar E.V.R. Government Polytechnic College vide executive order No.48985/B2/94 and claims to have been rendered seven years of sincere and unblemished service. The petitioner was promoted to Senior Grade Librarian with effect from 01-01-2006. He also claims that he has completed the prescribed years of service i.e., 5 years as per Appendix 1-3(c)(ii) in the G.O.Ms.No.111/Higher Education (C2) Department dated 25-05-2010 and as a consequence he is entitled for upgraded pay of Academic Grade Pay. The petitioner retired from service on superannuation. The grievance expressed by the petitioner is that his grade pay has not been increased from Rs.7000/- to Rs.

8000/- the pay band of Rs.15600 - 39,100/- with effect from 01-01-2011 and(*)Rs.8000/- to Rs. 9000/- in the pay band of Rs. 37400 to Rs. 64000/- with effect from 1.1.2014 includeed as per Order of this Court dated 21.4.2017 in W.P 2056 of 2017 in this regard, the petitioner has submitted a representation, dated 2211-2016 to the respondents 2 and 4. The said representation was not considered by the respondents and therefore, the petitioner has come forward to file this writ petition.

4.

Heard the submissions of the learned counsel for the petitioner and the learned Special Government Pleader. 5.

Though the petitioner prays for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim made by the petitioner, directs the respondents to consider the representation of the petitioner dated 22-11-2016 and pass orders, in accordance with law, after putting on notice, all persons concerned, within a period of ten weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar 09.02.2017 *Included as per Order of this Court dated 21.4.2017 in W.P. 2056/17 Sd/- Assistant Registrar Dated: 26.4.2017 //True Copy// Sub Assistant Registrar

glp To 1 The Secretary to Government Higher Education Department To be Subsituted Government of Tamil Nadu Secretariat the Order Chennai-25 already despatched on 9.3.2017 2 The Commissioner Directorate of Technical Education Guindy Chennai- 600 025.

3 The Additional Director to Technical Education (Polytechnic) Guindy Chennai - 600 025.

+1cc to Mr.Karthikeyan, Advocate, S.R.No.24292 +1cc to the Government Pleader, S.R.No.5970 NRJ(CO) RS(15/02/2017) NRI(CO) VR(26/4/2017) W.P.No.2056 of 2017