T.A.Poongavanam v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30168/2015 T.A.Poongavanam ... Petitioner
Versus
1. The Secretary to Government Government of Tamil Nadu School Education Department Secretariat, Fort St George, Chennai 600 009.
2. The Director of Elementary Education, College Road, Nungambakkam, Chennai 600 006.
3. The District Elementary Educational Officer Namakkal, Namakkal District.
4. The Assistant Elementary Educational Officer Namakkal, Namakkal District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to dispose the representation of the petitioner dated 07.01.2015 to count his Higher Grade place service as Secondary Grade Assistant service from 04.11.1966 to 09.03.1970 for determination of his service benefits and pensionary benefits and to grant the consequential benefits arising thereof.
For Petitioner : Mr.K.Thennan For R1 to R4 : Mr.S.Gunasekaran, Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal. 2.
The petitioner was initially appointed as Secondary Grade Teacher and served as Higher Grade teacher from 04.11.1966 to 09.03.1970 in Vembakkam Panchayat Union Unit, Tiruvannamalai District and got his promotion as Secondary Grade Assistant Teacher on 10.03.1970 and and he served in that capacity till 15.06.1976. The petitioner was promoted as Elementary School Headmaster on 16.05.1976 and continued in that capacity upto 24.06.1979 in the same Panchayat Union Unit. The petitioner was transferred to Cheyyar Panchayat Union on request and however, he was posted as Juniormost Secondary Grade Assistant, which is lower post and was placed in temporary capacity. Since the petitioner served in the higher grade between 04.11.1966 and 09.03.
1970, as per various orders passed by this Court, which have been implemented also, he is entitled to get Higher Grade place service as Secondary Grade Service for monetary benefits of Selection grade/Special Grade. In this regard, the petitioner submitted a representation dated 07.01.2015 to the respondents and since no orders have been passed, he came forward to file this writ petition.
3.
Heard the submissions of the learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents 1 to 4. 4.
Though the petitioner has sought for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents 2 to 4 to consider and dispose of the petitioner's representation dated 07.01.2015 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.
5.
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, Fort St George, Chennai 600 009.
2. The Director of Elementary Education, College Road, Nungambakkam, Chennai 600 006.
3. The District Elementary Educational Officer Namakkal, Namakkal District.
4. The Assistant Elementary Educational Officer Namakkal, Namakkal District.
+1cc to M/s.E.Thennen, Advocate, S.R.No.52837 +1cc to the Government Pleader, S.R.No.52422 W.P.No.30168 of 2015 PPA(CO) CA(12/10/2015)