C.Kasi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.2444 of 2015 C.Kasi ... Petitioner Vs.

1.State of Tamilnadu Rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.The District Adi Dravidar Welfare Office Tiruvannamalai District, Tiruvannamalai.

3.The Special Tahsildar Adi Dravidar Welfare Polur Tiruvannamalai District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to extend the benefits of the said G.O.Ms.No.234, School Education (G-2) Department, dated 10.09.2009 to the petitioner by paying him the arrears he is entitled to by passing appropriate orders based on his representation dated 05.11.2014, within a timeframe fixed by this Hon'ble Court.

For Petitioner : Mr.S.Sathia Chandran For Respondents: Mr.J.Ramesh Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking direction to the respondents to consider his representation dated 05.11.2014 and pass appropriate orders by extending the benefits of G.O.Ms.No.234, School Education (G-2) Department, dated 10.09.2009.

2.The learned counsel appearing for the petitioner submitted that the petitioner joined the service as Secondary Grade Teacher on 01.12.1971 and retired as Elementary School Headmaster on 30.09.2004.

Considering the petitioner's representation, his pay was re-fixed with effect from 01.10.2004, however, no orders were passed with regard to the arrears of re-fixation of pay from 04.07.1996, the date on which the petitioner was promoted as Elementary School Headmaster. Hence, he made representation dated 05.11.2014 to the respondents seeking to pay him the arrears by extending the benefits of G.O.Ms.No.234, School Education (G-2) Department, dated 10.09.2009. Since there was no response, he has come forward to file this writ petition.

3.The learned Additional Government Pleader appearing for the respondents fairly submitted that the respondents would consider the representation of the petitioner dated 05.11.2014, if not already considered, on merits, within a time frame to be stipulated by this Court.

4.In view of the above, this Court directs the respondents to consider the petitioner's representation dated 05.11.2014, if not already considered, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pri To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.The District Adi Dravidar Welfare Office Tiruvannamalai District, Tiruvannamalai.

3.The Special Tahsildar Adi Dravidar Welfare Polur Tiruvannamalai District.

+1cc to Mr.S.Sathia Chandran, Advocate, S.R.No.7386 +1cc to the Government Pleader, S.R.No.7843 W.P.No.2444 of 2015 SKY(CO) CB(29/06/2021)