J.Durairaj v. The District Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33456 of 2015 And M.P.No.1 of 2015 J.Durairaj ... Petitioner Vs.

1 The District Elementary Educational Officer, Erode, Erode District.

2 The Assistant Elementary Educational Officer, Sathiyamangal Circle, Sathiyamangalam, Erode District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to implement order of the 2nd respondent in his proceedings Na.Ka. 07/A2 dated 20.12.2007, consequently directing the respondent to fix the petitioners basic pay for the period from 1.1.1996 to 31.12.2007 as per G.O.Ms.No.160, Education Department, dated 23.8.2005.

For Petitioner : Mr.P.Immanuel Prakasam For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner retired as Headmaster of Primary School Thasaripalayam on 31.12.2007. The grievance expressed by the petitioner is that he is entitled to the benefit of G.O.Ms.No.160 Eduction Department, dated 23.08.2005 and however, his request has not been considered so far inspite of repeated personal representations as well as written representations and hence, he has come forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the submissions of Mr.P.Immanuel Prakasam, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

4.Though the petitioner prayed for the larger relief, this Court in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order and the respondents 1 and 2 on receipt of the same, are directed to consider and dispose of the same on merits and in accordance with law, after taking into consideration the proceedings of the second respondent dated 20.12.2007 in Na.Ka.No. /07/A2 and pass orders within a period of six 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. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(AD I) //True Copy// Sub Assistant Registrar pri To 1 The District Elementary Educational Officer, Erode, Erode District.

2 The Assistant Elementary Educational Officer, Sathiyamangal Circle, Sathiyamangalam, Erode District.

+1cc to the Government Pleader, S.R.No.57700(26.05.2016) TM(CO) EU(04/11/2015) W.P.No.33456 of 2015 And M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/