M.Samraj v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30972 of 2015 M.Samraj ..Petitioner Vs.
1. The Secretary to Government, Department of School Education, Fort St. George, Chennai - 9.
2. The Director, Directorate of School Education, DPI, College Road, Nungambakkam, Chennai - 600 006.
3. The District Chief Educational Officer, Vellore, Vellore Dist.
..Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the respondents to extend the benefits of G.O.Ms.No.281 Finance (Pay Cell) Department dated 02.04.1987 and G.O.Ms.No.562 Finance (Pay Cell) Department dated 28.10.1998 to the petitioner by considering his representation dated 23.06.2015.
For Petitioner .. Mr.T.R.Raj Gajenthiran For Respondents.. Mr.V.Subbiah, Spl. Govt. Pleader
ORDER
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner joined as a secondary grade teacher on 12.11.1973 in Government High School, Mallapalli, Thirupathur Taluk, Vellore District and he was conferred with selection grade time scale of pay on 12.11.1984 and subsequently got promotion as selection grade
Tamil teacher on 22.09.1987 and he attained the age of superannuation on 31.07.2007 and retired from service. The grievance expressed by the petitioner is that though he was promoted as selection grade teacher, he has not been conferred with any benefits inspite of the special grade and though he has put in more than 20 years of service and according to him, as per G.O.Ms.No.281 Finance (Pay Cell) Department dated 02.04.1987, a person who has completed total service of 20 years, is entitled to move into special grade and further in terms of G.O.Ms.No.562 Finance (Pay Cell) Department dated 28.10.1998, an employee stagnating in special grade beyond ten years is to be granted with one bonus increment as an incentive. Since the petitioner has fulfilled all the necessary criteria, he has to be conferred with the benefit of above said Government Orders and in this regard, also submitted a representation dated 23.06.2015 to respondents 1 t 3 and since no orders have been passed, came forward to file this writ petition.
3. The learned counsel appearing for the petitioner would submit that in similar facts and circumstances, this Court, vide order dated 06.08.2015 made in W.P.No.24175 of 2015 has directed the very same respondents herein to consider the claim of the petitioner therein in the light of the above said Government Orders and pass appropriate orders, within a stipulated time and hence he prays for similar relief.
4. The Court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents.
5. Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the respondents to consider and dispose of the petitioner's representation dated 23.06.2015 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. The writ petition is disposed of accordingly. No costs. Mmi Sd/- Assistant Registrar (CO) /True Copy/ Sub-Assistant Registrar
To
1. The Secretary to Government, Department of School Education, Fort St. George, Chennai - 600 009.
2. The Director, Directorate of School Education, DPI, College Road, Nungambakkam, Chennai - 600 006.
3. The District Chief Educational Officer, Vellore, Vellore Dist.
+1 C.C. To MR.T.R.Raj Gajenthran, Advocate in SR.NO.53259 +1 C.C. To The Government Pleader in SR.NO.53672 W.P.No.30972 of 2015 VD(CO) sd : 14/10/2015