S.Ravikumar v. The Joint Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6762 of 2022 S.Ravikumar
...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.
... Respondents Prayer: Writ petition filed under Section 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 12.12.2019 within time limit as prescribed by this Court for payment of incentive increment for acquiring higher qualification based on G.O.240 dated 18.08.2010. For Petitioner : Mr.R.Saravanakumar For RR1 to 3 : Mr.V.Manoharan Additional Government Pleader
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking issuance of Writ of Mandamus, to direct the 1st respondent to consider the representation of the petitioner dated 12.12.2019 within time
limit as prescribed by this Court for payment of incentive increment for acquiring higher qualification based on G.O.240 dated 18.08.2010.
3. The case of the petitioner in brief:
The petitioner was appointed as Vocational Teacher in the 4th respondent school and his service was regularized on 01.04.1990. The petitioner has acquired the higher qualification of M.Com., B.Ed., as prescribed by the Government vide G.O.No.6 dated 04.01.2000 for Vocational Teachers.
Several representations were made by the Vocational Teachers to the Government for grant of incentive increment and a batch of writ petitions were also filed before this Court and finally, the Government issued G.O.No.240 dated 18.08.2010 stating that the Vocational Teachers are also entitled for two incentive increment. The 3rd respondent, vide his proceedings dated 19.09.2018, directed the 4th respondent to make necessary entries in the Service Register for grant and payment of incentive increment to the petitioner. Further, the 3rd respondent calculated the scale of pay with incentive increment from 18.08.2010, but the same was not done. Therefore, the petitioner made a representation to the 1st respondent requesting to consider his representation for payment of incentive increment. But, no orders has been passed. Hence, this writ petition filed before this Court.
4. Mr. V.Manoharan, the learned Additional Government Pleader takes notice for the respondents 1 to 3 and he would submit that if the petitioner is eligible, the said representation of the petitioner will be considered on merits and in accordance with law.
5. Inview of the submissions made on either side and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined to direct the 1st respondent to consider the petitioner's representation dated 12.12.2019 and pass orders on its own merits and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ata/uma
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, Central Chennai.
+1cc to M/s.R.Saravanakumar, Advocate, S.R.No.20210 +1cc to the Government Pleader, S.R.Nos.21027, 21019 W.P.No.6762 of 2022 BP(CO) SU(08/04/2022)