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Madras High CourtWP/1238/2017disposed of

K.Rajini v. The Director Of Elementary

2017-01-18Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.1238 of 2017 K.Rajini ..

Petitioner vs.

1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 086.

2.The Educational Officer, Corporation of Chennai, Rippon Building, Chenai-600 003.

3.The Assistant Educational Officer - IV, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

4.The Sub Pay and Accounts Officer, Corporation of Chennai, Rippon Building, Chennai-600 003.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the fourth respondent to disburse the incentive increment payments to the petitioner for her B.Com and B.Ed. Degree as per the order of the 3rd respondent dated 06.06.2016 vide proceedings No.E.D.C.No.Z6A/15556/2015 forthwith and other consequential service benefits.

For Petitioner : Mr.R.Divya for M/s.K.Balu For Respondents : Mr.R.A.S.Senthilvel, Additional Govt. Pleader for R1 and R4 Mr.G.Anantharangan for R2 and R3

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner at present is working as Secondary Grade Teacher at Corporation Primary School, Thiru.Vi.Ka. Nagar, Sembiyam, Chennai-600011 and she is having the qualification of B.Com., B.Ed., and in terms of G.O.Ms.No.42 dated 10.01.1969, she is entitled for incentive increment and accordingly, she has submitted application to the respondents 2 and 3 and the respondents 2 and 3 have considered and passed orders on 06.06.2016 sanctioning one incentive increment for B.Com. and B.Ed. with effect from 29.12.2013. The grievance expressed by the petitioner is that despite the order of the third respondent dated 06.06.2016, the fourth respondent did not disburse the one incentive increment for her B.Com., and B.Ed. qualification and relied on a circular issued by the first respondent dated 24.08.2016 and since no orders have been passed either to pay the incentive increment or denying the same, the petitioner has come forward with this writ petition.

3. The learned counsel appearing for the petitioner would submit that the Circular dated 24.08.2016 issued by the first respondent/Director of Elementary Education would not apply to Corporation Schools and it applies only to Panchayat Union Primary and Middle Schools and dehors the same, the petitioner has got B.Com and B.Ed., and as such, the Circular which is having prospective effect cannot be made applicable to the case of the petitioner and therefore, prays for a direction to the fourth respondent to disburse the incentive increment to the petitioner as per the order of the third respondent dated 06.06.2016.

4. Heard the submissions of Mr.R.A.S.Senthilvel, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 4, Mr.G.Anantharangan, learned counsel who accepts notice on behalf of the respondents 2 and 3 and also perused the materials available on record.

5.Though the petitioner has prayed for larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit a representation to the respondents 2 to 4 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the fourth respondent, after affording an opportunity of personal hearing to the petitioner, shall pass orders on merits and in accordance with law within a period of four weeks

thereafter and communicate the decision taken, to the petitioner.

6. This Writ Petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar jvm To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 086.

2.The Educational Officer, Corporation of Chennai, Rippon Building, Chenai-600 003.

3.The Assistant Educational Officer - IV, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

4.The Sub Pay and Accounts Officer, Corporation of Chennai, Rippon Building, Chennai-600 003.

+1cc to Mr.K.Balu, Advocate, SR.No.3499 +1cc to The Government Pleader SR.No.3747 W.P.No.1238 of 2017 KSJ(CO) GN(02/02/2017)