Madras High CourtWP/10018/2019disposed of

G.Balasubramanian v. The Government Of Tamil Nadu

2019-06-12Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.10018 of 2019 G.Balasubramanian .. Petitioner Vs.

1.The Government of Tamil Nadu, rep. by the Principal Secretary to Government, Finance (CMPC), Department, Fort St. George, Chennai- 600 009 2.The Director of School Education, (Higher Secondary), College Road, Chennai- 600 006. .. Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to refix by grade pay of the petitioner as Rs.4400/- from 05.11.2007 as per G.O.Ms.309 of the first respondent dated 24.12.2018.

For Petitioner .. Mr.A.Selvendran For Respondents .. Mr.J.Pothiraj, Spl G.P. for R1 Mr.K.Karthikeyan, GA for R2

ORDER

This writ petition has been filed seeking for issuance of a

Mandamus to direct the first respondent to refix by grade pay of the petitioner as Rs.4400/- from 05.11.2007 as per G.O.Ms.309 of the first respondent dated 24.12.2018.

2. It appears that the petitioner was appointed as Junior Assistant on 05.11.1997. On 05.11.2007, he was granted selection grade pay. The petitioner appears to have sent a representation dated 24.12.2018 to the first respondent for payment of selection grade pay from 05.11.2007. But the said representation has not been disposed of by the first respondent till date. Therefore, the petitioner has come before this Court seeking for issuance of writ of mandamus.

3. Mr.A.Selvendran, learned counsel for the petitioner would submit that as per G.O.Ms.No.306, Finance (CMPC) Department, dated 12.09.2018, the petitioner is entitled to get grade pay of Rs.4,200/- and in this regard he made a representation to the 1st respondent, which is still pending and hence, he would submit that a direction may be issued to the first respondent to dispose of the petitioner's representation dated 24.12.2018, as early as possible.

4. Mr. J. Pothiraj, the learned Special Government Pleader, who

accepts notice on behalf of the first respondent has no objection to issue direction to the first respondent to dispose of the petitioner's representation dated 24.12.2018.

5. In view of the limited prayer sought for and also the submissions made on behalf of the parties, the first respondent is directed to dispose of the petitioner's representation dated 24.12.2018 and pass orders in accordance with law and on merits, within a period of four weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of, with the above direction. No costs.

12.06.2019 Index:Yes/No dn To 1.The Government of Tamil Nadu, rep. by the Principal Secretary to Government, Finance (CMPC), Department, Fort St. George, Chennai- 600 009 2.The Director of School Education, (Higher Secondary), College Road, Chennai- 600 006.

V.PARTHIBAN, J.

dn W.P.No.10018 of 2019 12.06.2019