Madras High CourtWP/28156/2017disposed of

C.Venkatesan v. State Of Tamilnadu

2017-11-03Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.28156 of 2017

1. C.Venkatesan

2. A.Velayuthan

3. S.Thamizhselvi

4. K.Parimala

5. S.Premalatha

6. S.Annadurai

7. M.Kumaravel

8. K.Vijayakumar

9. P.Rajathi 10.K.Banumathi 11.E.Amara ..Petitioners -vs1. State of Tamil Nadu represented by Secretary to Government School Education Department Secretariat, Chennai 600 009

2. The Director of Elementary Education Chennai 600 006

3. The District Elementary Educational Officer Thiruvannamalai District Thiruvannamalai

4. The Assistant Elementary Educational Officer Polur, Thiruvannamalai District ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 3 and 4 to consider the claim of the petitioners regarding extension of benefit of G.O.Ms.No.240 Finance (PC) Department dated 22.7.2013 in the light of their representation dated 04.11.2016.

For Petitioners:: Mr.P.Murali For Respondents:: Mr.R.A.S.Senthilvel Additional Government Pleader

ORDER

All the petitioners were appointed as Secondary Grade Teachers through the District Employment Exchange, Thiruvannamalai and they had completed ten years of service. On the basis of their seniority, they were all promoted as Primary School Headmasters and presently working as such in Polur Union, Thiruvannamalai District. But their common grievance is that the benefit of G.O.Ms.No.240, Finance (Pay Cell) Department dated 22.7.2013 permitting to exercise the re-option to come over to the revised scales of pay, as per Tamil Nadu Revised Scales of Pay Rules, 2009 as notified in G.O.Ms.No.234, Finance (Pay Cell) Department dated 1.6.2009, has not been considered. Therefore, they have given a representation seeking the benefit of G.O.Ms.No.240, Finance (Pay Cell) Department dated 22.7.2013. But the respondents 3 and 4 have not shown any sign to consider their representation. Hence, a direction has been sought for.

2. The learned Additional Government Pleader for the respondents sought eight weeks time to consider the representation of the petitioners dated 4.11.2016 as to whether they are entitled to the benefit of G.O.Ms.No.240, Finance (Pay Cell) Department dated 22.7.2013.

3. Recording his statement, the writ petition is disposed of with a direction to the respondents 3 and 4 to consider the claim of the petitioners regarding the extension of the benefit of G.O.Ms.No.240, Finance (Pay Cell) Department dated 22.7.2013 on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ss To

1. The Secretary to Government School Education Department Secretariat Chennai 600 009

2. The Director of Elementary Education Chennai 600 006

3. The District Elementary Educational Officer Thiruvannamalai District Thiruvannamalai

4. The Assistant Elementary Educational Officer Polur Thiruvannamalai District +1 cC to Mr.P. Murali, advocate sr 78121.

+1 cc to The Govt. Pleader sr 78591.

W.P.No.28156 of 2017 MP(CO) SP(10/11/2017)