A. Madalaimuthu, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.24175 of 2015 A.Madalaimuthu ... Petitioner Vs.
1. The Secretary, Department of School Education, Fort St. George, Chennai - 600 009
2. The Director, Directorate of School Education, DPI, College Road, Nungambakkam, Chennai - 600 006
3. The District Elementary Educational Officer, Department of District Elementary Education, Vellore District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to extend the benefits of G.O.Ms.No.281, Finance (Pay Cell) Department, dated 02.04.1987 and G.O.Ms.No.562, Finance (Pay Cell) Department, dated 28.10.1998 to the petitioner, by considering his representation, dated 26.05.2015.
For Petitioner :
Mr. T.R.Raj Gajenthran For Respondents :
Mr. S.Gunasekaran, Govt. Advocate
O R D E R
Admit. Mr. S.Gunasekaran, learned Government Advocate, takes notice for the respondents. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner would state that he joined the service as Secondary Grade Tamil Teacher on 26.06.1972 in Nirmala High School, Kolathur, Salem District, which is an aided institution. On 01.01.1974, he was promoted as Selection Grade Tamil Teacher and thereafter, he was appointed as Post Graduate Assistant, on 03.01.1985, and worked at Dominic Savio Higher Secondary School, Thirupathur, which is again an aided institution. The petitioner would state that he attained the age of superannuation on 30.04.2002 and would further claim that, he has hard, sincere and unblemished service.
3. The grievance expressed by the petitioner is that, though he has been promoted as Secondary Grade Teacher, he has not been conferred with benefits of special grade, as he has put in more than https://hcservices.ecourts.gov.in/hcservices/
20 years of service and in this regard, he has submitted a representation, dated 26.05.2015 to the respondents, drawing their attention to G.O.Ms.No.281, Finance (Pay Cell) Department, dated 02.04.1987 and G.O.Ms.No.562, Finance (Pay Cell) Department, dated 28.10.1990 and prays for conferment of the said benefit in the light of the above Government Orders. Inspite of the fact that the said representation was received and acknowledged, the petitioner is yet to be favoured with any response. Hence, he has come forward with this writ petition.
4. Heard the submissions of Mr.S.Gunasekaran, who accepts notice on behalf of the respondents.
5. Though the petitioner prayed for the larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim projected by the petitioner, either in the representation or in the writ petition, directs the respondents to consider the representation, dated 26.05.2015, and pass orders on it, in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order, and communicate the decision taken to the petitioner.
6. This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar srk To
1. The Secretary, Department of School Education, Fort St. George, Chennai - 600 009
2. The Director, Directorate of School Education, DPI, College Road, Nungambakkam, Chennai - 600 006
3. The District Elementary Educational Officer, Department of District Elementary Education, Vellore District.
1 cc to Mr.T.R.Raj Gajenthran, Advocate Sr.No.40880 1 cc to Government Pleader.Sr.No.40944 W.P.No.24175 of 2015 aca(co) pmk.20.8.2015 https://hcservices.ecourts.gov.in/hcservices/