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Madras High CourtWP/3446/2013dismissed

S.Narayanan, v. The Director,

2019-11-20Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 20.11.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3446 of 2013 S.Narayanan Upgraded Superintendent, Office of Director of State Council of Educational Research and Training D.P.I. Campus, College Road, Chennai-600 006 Residing at Door No.1, 3rd Lane, Krishnadas Road, Otteri Post, Chennai-600 012.

.. PETITIONER Vs 1.THE DIRECTOR, THE DIRECTORATE OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI-600 006.

2.THE JOINT DIRECTOR OF SCHOOL EDUCATION(PERSONNEL) OFFICE OF THE DIRECTOR OF SCHOOL EDUCATION, D.P.I CAMPUS, COLLEGE ROAD, CHENNAI-600 006.

.. RESPONDENTS Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus to direct the respondents herein to pass an appropriate order by revising the scale of pay in the scale of Superintendent with arrears basing on the strict service seniority and subsequent periodical increment with effect from 01.01.2008 so as to have the consequential promotion with monetary benefit till the date of superannuation dated 30.04.2013 to the petitioner. For Petitioner : Mr.G.Thangavel For Respondents : Mr.K.Karthikeyan, Govt. Advocate

O R D E R

This Writ petition is filed seeking to direct the respondents to pass appropriate order by revising the scale of pay in the scale of Superintendent with arrears basing on the service seniority and subsequent periodical increment with effect from 01.01.2008 so as to have the consequential promotion with monetary benefit till the date of superannuation dated 30.04.2013 to the petitioner.

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2. When the matter is taken up for consideration, the learned Government Advocate produced the orders passed by the 2nd respondent dated 15.11.2019.

3. A perusal of the entire materials placed on record would go to show that pursuant to the interim order passed by this court dated 22.10.2019, the 2nd respondent herein passed orders in Na.Ka.No.3750/A3/E2/2012 dated 15.11.2019 holding that the representation of the petitioner dated 12.01.2013 had been considered and due to unauthorized absence of the petitioner from 03.03.2008 to 16.06.2009, revised scale of pay cannot be granted to the petitioner. It is further pointed out that due to disciplinary proceedings pending against the petitioner, increment claimed by the petitioner cannot be granted.

4. In view of the order passed by the 2nd respondent dated 15.11.2019, the writ petition is dismissed with liberty to the writ petitioner, to challenge the said order, if he is still aggrieved. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar nvsri To 1.The Director, The Directorate of School Education, College Road, Chennai-600 006.

2.The Joint Director of School Education(Personnel), Office of the Director of School Education, D.P.I. Campus, College Road, Chennai-600 006.

+1 cc to Government Pleader High Court, Madras sr97573 +1 cc to Mr.G.Thangavel Advocate sr96769 W.P.No.3446 of 2013 aa17/02/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/