G.Hemamalini v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.NO.15290 OF 2021 AND W.M.P.NO.16172 OF 2021 G.Hemamalini ... Petitioner

Versus

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 006.

2. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The District Educational Officer, Chennai North District, Sidco Nagar, Villivakkam, Chennai - 600 049.

4. The Secretary, Hindu Theological Higher Secondary School, 107, Audiappan Street, Sowcarpet, Chennai - 600 001.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pass orders for granting annual increment to the petitioner in the post of B.T.Assistant (History), working in the fourth respondent school and granting incentive increment for having acquired B.Ed. Degree qualifications, based on the representation submitted by the petitioner dated 15.02.2021, with all consequential and other attendant benefits including payment of interest, within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.C.Kathiravan Government Advocate

O R D E R

Mr.C.Kathiravan, learned Government Advocate, takes notice for the respondents. With the consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. This writ petition is filed for issuance of a writ of mandamus directing the respondents to pass orders for granting annual increment to the petitioner in the post of B.T. Assistant (History), working in the fourth respondent school and granting incentive increment for having acquired B.Ed. Degree qualifications, based on the representation submitted by the petitioner dated 15.02.2021, with all consequential and other attendant benefits including payment of interest, within a time frame stipulated by this Court.

3. Though the prayer sought in this writ petition is to issue a positive direction to the respondents, learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the third respondent to consider and pass orders on the petitioner's representation dated 15.02.2021, within a time stipulated by this Court.

4. Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 15.02.2021, and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar bkn

To

1. The Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 006.

2. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The District Educational Officer, Chennai North District, Sidco Nagar, Villivakkam, Chennai - 600 049.

4. The Secretary, Hindu Theological Higher Secondary School, 107, Audiappan Street, Sowcarpet, Chennai - 600 001.

+1cc to Mr.G.Sankaran, Advocate, S.R.No.36100 +1cc to the Government Pleader, S.R.No.36253 W.P.NO.15290 OF 2021 PVS(CO) PBS/17/08/2021