B.Dhanalakshmi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND B.Dhanalakshmi
...Petitioner
-Vs1.State of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George Town, Chennai - 600 009.
2.The Director, Directorate of Elementary Education, Chennai - 600 006.
3.The Chief Educational Officer, Tiruvannamalai.
4.The District Educational Officer, Cheyyar Educational District, Cheyyar, Tiruvannamalai District.
5.Block Educational Officer, Cheyyar Block, Cheyyar, Tiruvannamalai District
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation dated 04.12.2019 made by the petitioner for rectification of pay anomaly.
For Petitioner : Mr.A.Prabhakaran For Respondents : Mr.G.Nanmaran, Special Government Pleader
ORDER
This writ petition has been filed seeking a Writ of Mandamus directing the respondents to consider the representation dated 04.12.2019 submitted by the petitioner for rectification of pay anomaly.
2. The case of the petitioner is that she is working as B.T.Assistant at Panchayat Union Middle School, Painginar Village, Cheyyar Block & Taluk, Tiruvannamalai District. She joined service as Secondary Grade Teacher on 06.12.1990 at Parasu Reddipalayam Panchayat Union Primary School situated in Kandamandalam Union, Villupuram (District). On 06.07.1993, she was transferred from the said school to the Cheyyar Union, 2/7
Thiruvannamalai District as Secondary Grade Teacher and subsequently, permitted as B.T.Assistant with effect from 22.11.2012. During her tenure as B.T.Assistant in the said school, she also hold an additional post of Head Mistress for the period from 01.06.2019 to 17.10.2019. While fixation of annual increment on 01.04.2019, one Navamani was also sanctioned advance increment for acquiring post-graduate degree. The petitioner made a representation on 23.09.2019 to the fifth respondent to rectify the pay anomaly by stepping up her on par with her junior Navamani from the date on which she draws more than the petitioner. The petitioner has sent another representation on 04.12.2019 to all the respondents to redress her grievance of pay anomaly. As there is no action on the part of the fifth respondent in considering the representations submitted by the petitioner, the present writ petition has been filed.
3. On behalf of the respondents, the fourth respondent has filed counter affidavit.
4. In paragraph 12 of the counter affidavit, it is averred that the representations of the petitioner dated 23.09.2019 and 04.12.2019 was 3/7
already examined in detail and rejected as devoid of merits as per the proceedings of the fourth respondent in Rc.4223/A4/2020 dated 04.11.2020 and the same was also communicated to the petitioner.
5. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
6. Having regard to the facts and circumstances of the case and in view of the fact that the representations submitted by the petitioner dated 23.09.2019 and 04.12.2019 are examined and issued proceedings dated 04.11.2020 by the fourth respondent, in my considered opinion, no further adjudication is required in this writ petition. As the relief sought for by the petitioner in this writ petition to consider her representations are already granted by the respondents by issuing the proceedings Rc.4223/A4/2020 dated 04.11.2020, this writ petition has to be closed.
7. Accordingly, this writ petition is closed. 4/7
8. No costs.
9. Consequently, connected writ miscellaneous petition is closed, if any.
27.04.2023 nl Index: Yes/No Speaking order/Non Speaking order 5/7
To 1.State of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George Town, Chennai - 600 009.
2.The Director, Directorate of Elementary Education, Chennai - 600 006.
3.The Chief Educational Officer, Tiruvannamalai.
4.The District Educational Officer, Cheyyar Educational District, Cheyyar, Tiruvannamalai District.
5.Block Educational Officer, Cheyyar Block, Cheyyar, Tiruvannamalai District 6/7
BATTU DEVANAND, J.
nl 27.04.2023 7/7