S.Elangovan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2024
CORAM
THE HON'BLE MR. JUSTICE D.BHARATHA CHAKARAVARTHY S.Elangovan ... Petitioner -vs1. The Government of Tamilnadu Represented by Secretary to Government School Education Department Fort St. George, Chennai - 600009.
2. The Director of School Education College Road, Chennai - 600009.
3. The Regional Accounts Officer Office of the Regional Accounts Office (Audit) School Education Department Nagapattinam District.
4. The District Educational Officer Office of the District Education Office Nagapattinam, Nagapattinam District.
5. The Head Master St. Sebasthiyar Higher Secondary School Kameshwaram East Nagapattinam District - 611110.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the respondents to pay the entire incentive annual increment and selection grade due to the petitioner from 1/4
the year of 2017 and to fix his salary of pay in selection grade and continue to pay the same.
For Petitioner :
Mr. K.Sundaramurthy For Respondents :
Mrs. S.Mythreye Chandru, SGP (Edn) (RR1, 2 & 4)
O R D E R
Heard Mr. K.Sundaramurthy, learned counsel for the petitioner and Mrs. S.Mythreye Chandru, learned Special Government Pleader (Education) who takes notice on behalf of the first, second and fourth respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. When the matter came up for admission, the learned Special Government Pleader (Education) appearing on behalf of the first, second and fourth respondents would submit that even as per the communications, which are annexed to the typed set of papers, the proposal has been returned on the ground that in view of G.O. (Ms) No. 37, dated 10.03.2020, since the petitioner has applied after the Governmental order, he will be eligible only for a lumpsum amount. In reply, the learned counsel for the petitioner would submit that the petitioner is agreeable to receive the lumpsum amount by virtue of G.O. (Ms) No. 95 dated 26.10.2023.
3. In view thereof, this writ petition is disposed of on the following 2/4
terms:- (i) the respondents shall consider the application of the petitioner and disburse the lumpsum amount payable to him, in view of the Governmental orders, within a period of 8 weeks from the date of receipt of a copy of this order.
(ii) in respect of other prayer, the writ petition is not pressed by the petitioner.
No costs.
03.04.2024 Index: Yes/No NCS: Yes/No Speaking order/Non-speaking order Maya To
1. The Secretary to Government of Tamilnadu School Education Department Fort St. George, Chennai - 600009.
2. The Director of School Education College Road, Chennai - 600009.
3. The Regional Accounts Officer Office of the Regional Accounts Office (Audit) School Education Department Nagapattinam District.
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D.BHARATHA CHAKARAVARTHY, J.
Maya
4. The District Educational Officer Office of the District Education Office Nagapattinam, Nagapattinam District.
5. The Head Master St. Sebasthiyar Higher Secondary School Kameshwaram East Nagapattinam District - 611110.
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