T.Palanivel v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 09.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28327/2015 T.Palanivel ... Petitioner
Versus
1.The Secretary to Government Government of Tamil Nadu School Education Department Secretariat, Chennai 600 009.
2.The Director of School Education, Chennai 600 006.
3.The Chief Educational Officer Tiruppur.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the respondents to upgrade the post of Secondary Grade Assistant held by the petitioner to that of B.T.Assistant as he was holding Graduate Teacher Qualifications on the date of the petitioner's initial appointment and confer consequential service and monetary benefits, by considering the petitioner representation dated 16.06.2015. For Petitioner : Mr.G.Punniyakotti For R1 to R3 : Mr.V.Subbiah, Spl.GP
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The petitioner was appointed as Secondary Grade Teacher, vide order dated 05.08.1997 by the District Elementary Educational Officer, Erode, after his name was sponsored by the jurisdictional Employment Exchange and he was posted to the Panchayat Union Elementary School, Thoppupalayam, Chennimalai Union. According to the petitioner, he has undergone Child Psychology for a period of one month in the District Institution of Educational Training, in terms of G.O.Ms.No.113, School Education [S1] Department dated 14.03.1997. The petitioner would state that the Government has passed orders in G.O.Ms.No.100, School Education Department, dated 27.06.2003 appointing Junior Secondary Grade Teachers on a consolidated pay and subsequently it was abolished by G.O.Ms.No.99, School Education [Budget 2] Department dated 27.08.2006 and a
further decision was also taken to bring those teachers who were appointed on contract basis to regular time scale of pay applicable to various categories of teachers with effect from 01.06.2006. The petitioner would state that after rendering 12 years of service as Secondary Grade Teacher, he was promoted as Graduate Teacher [History] with effect from 07.07.2009 and hs grievance appears to be that the persons who are similarly placed, who were appointed as Secondary Grade Teachers in the year 1997, were given promotion after relaxing the conditions imposed at the time of their initial appointments in the year 1997 and the petitioner has not been conferred with such a benefit. In this regard, the petitioner submitted a representation dated 16.06.2015 to the 2nd respondent and since no orders have been passed, the petitioner came forward to file this writ petition.
3.Learned counsel for the petitioner would submit that this Court, in similar facts and circumstances, vide order dated 28.07.2009, had directed the respondents 1 and 2 in WP.No.14505/2009 to dispose of the representations submitted by the petitioners therein and it was also followed by G.O.Ms.No.336, School Education Department dated 30.12.2009 and prays that in the light of the same, the petitioner's representation may be disposed of.
4.This Court heard the submissions Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.
5.Though the petitioner has prayed for a larger relief, this Court, taking into consideration the above facts and circumstances, without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 16.06.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein.
6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP
To 1.The Secretary to Government Government of Tamil Nadu School Education Department Secretariat, Chennai 600 009.
2.The Director of School Education, Chennai 600 006.
3.The Chief Educational Officer Tiruppur.
+1cc to Mr.G. Punniyakotti, Advocate, S.R.No.49108 +1cc to the Government Pleader, S.R.No.49856 SK(CO) EU(25/09/2015) W.P.No.28327/2015