C.Madhayyan v. The Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :
Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.17254 of 2023 C.Madhayyan ..... Petitioner -Versus1.The Director of School Education, College Road, Chennai 600 006.
2.The Joint Director of School Education (NSS), College Road, Chennai 600 006.
3.The Chief Educational Officer, Salem District, Salem.
4.The Headmaster, Government Higher Secondary School, Mettur Dam, Salem District.
5.The Accountant General, (Accounts and Establishments), 361, Anna Salai, Teynampet, Chennai 600 018.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the 4th respondent to resend the proposal as directed by the 3rd respondent, vide his proceedings dated 23.03.2023, and consequently, direct the respondents to pass appropriate orders by rectifying the pay anomaly on par with the junior of the petitioner viz., K.Saravanan and
grant the monetary benefits to the petitioner with effect from 01.01.2008. For Petitioner : Mr.K.Sathish Kumar For Respondent (s) : Mr.P.Baladhandayutham, Special Government Pleader for RR1 to 4 Mr.S.Balaji for R5
ORDER
This writ petition is filed seeking a writ in the nature of mandamus directing the 4th respondent to resend the proposal as directed by the 3rd respondent by his proceedings dated 23.03.202 and for a consequential direction to the respondents to pass appropriate orders by rectifying the pay anomaly on par with the junior of the petitioner viz., K.Saravanan and grant the monetary benefits to the petitioner with effect from 01.01.2008.
2. The petitioner is a retired B.T. Asst. (Tamil). According to the petitioner, one K.Saravanan, who is junior to him, is getting more pay than him. On 05.03.2021, he made a representation dated 05.03.2021 seeking to rectify the pay anomaly w.e.f. 01.01.2008. The grievance of the petitioner is that his grievance has not been redressed till date.
3. The learned Special Government Pleader, on instructions, submitted that the proposal sent by the 4th respondent in this regard has been returned by
the 3rd respondent with certain queries and on receipt of the same, the 4th respondent would immediately resubmit the proposal through proper channel to the 5th respondent for appropriate orders.
4. Considering the limited nature of the prayer sought for in the writ petition and the submissions made on behalf of the respondents 1 to 4, this court, without going into merits of the claim of the petitioner, directs the 4th respondent to resend the proposal with the required particulars to the 5th respondent through the competent respondents within a period of one month from today and on receipt of such proposal, the 5th respondent shall pass pass appropriate orders on its own merits and in accordance with rules within a period of two months thereafter.
This writ petition is disposed of accordingly with the above directions. No costs.
Index : yes / no : yes / no Speaking / Non Speaking Order kmk
To 1.The Director of School Education, College Road, Chennai 600 006.
2.The Joint Director of School Education (NSS), College Road, Chennai 600 006.
3.The Chief Educational Officer, Salem District, Salem.
4.The Headmaster, Government Higher Secondary School, Mettur Dam, Salem District.
5.The Accountant General, (Accounts and Establishments), 361, Anna Salai, Teynampet, Chennai 600 018.
N.SATHISH KUMAR.J., kmk