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Madras High CourtWP/4324/2015disposed of

N.Babu v. District Elementary

2021-02-17Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.4324 of 2015

1. N.Babu

2. B.M.Boopathy ... Petitioners Vs

1. The District Elementary Educational Officer, Thiruvallur District.

2. The Additional Elementary Educational Officer, Pallipat, Thiruvallur District.

3. P.Arumugam ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to grant the benefit of pay fixation afresh in accordance with law to the petitioner.

For Petitioner : M/s.C.N.Vinobha For Respondents : Mr.A.Rajaperumal Additional Government Pleader - R1& R2

ORDER

This writ petition has been filed to direct the first respondent to fix the pay of the petitioners afresh in accordance with law.

2.According to the learned counsel for the petitioners, the petitioners were appointed as Secondary Grade Assistants on 30.01.1991 and 29.01.1991 respectively. Subsequently, they were promoted as Headmasters in Panchayat Union Elementary School at Sanmakuppam and G.P.R.Kandikai respectively. It is their grievance that the third respondent, being junior in service, is https://hcservices.ecourts.gov.in/hcservices/

getting higher pay than the petitioners. Hence, the petitioners made representations to the first respondent through second respondent on 21.03.2014, requesting to rectify the pay difference, which was duly recommended by the second respondent by his letter in Na.Ka.No.A/2014 dated 21.03.2014. However, till date, no order was passed on the said representations. Therefore, the present writ petition.

3.On the other hand, the learned Additional Government Pleader appearing for the first and second respondents fairly submitted that the first respondent would consider the petitioners' representations and pass orders, on merits, within a reasonable time that may be fixed by this Court. 4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the first respondent to consider the representations dated 21.03.2014 submitted by the petitioners, if not already considered, and pass appropriate orders, on merits and in accordance with law and also on the basis of the recommendations made by the second respondent vide his letter No.Ka.No.A/2014, dated 21.03.2014, within a period of eight weeks from the date of receipt of a copy of this order. 5.Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vrc To

1. The District Elementary Educational Officer, Thiruvallur District.

2. The Additional Elementary Educational Officer, Pallipat, Thiruvallur District.

+2cc to M/s.C.N.Vinobha, Advocate SR No 89124 +1CC to the Government Pleader SR No 9542 W.P.No.4324 of 2015 Rgn(co) SRG 12/07/2021 https://hcservices.ecourts.gov.in/hcservices/