Madras High CourtWP/40126/2015disposed of

D.Anandhi v. The Director Of Elementary

2015-12-18Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40126 of 2015 D.Anandhi .. PETITIONER Vs 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Krishnagiri District, Krishnagiri.

3.The Assistant Elementary Educational Officer, Hozur Panchayat Union, Hozur, Krishnagiri District.

RESPONDENTS Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to step up the pay of petitioner to the level of her junior and fix the pay of the petitioner at Rs.4750/- as on 01.01.1996 in the Time Scale of Pay of Rs.4500125-7000 and consequently fix the petitioner's Selection Grade Scale of Pay at Rs.5450/- as on 25.02.2001 and thereafter fix the petitioner's pay as equal to her junior at Rs.16,120/- as on 01.01.2006 in the Revised Scale of Pay of 2009 and fix consequential equal pay in Special Grade Scale of pay to the petitioner and grant notional benefits.

For Petitioner : Mr.R. Saseetharan For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The case of the petitioner is that she was initially appointed as Secondary Grade Teacher on 07.12.1990 at Panchayat

Union Middle School, Nallimadam, Kundadam Panchayat Union, Erode District, on consolidated pay of Rs.800/- per month. On 18.06.1991, she was transferred to Panchayat Union Elementary School,A.Chembulichempalayam, Anthiyur Panchayat Union, Erode District in the same post. Again, on 24.08.1994, she was transferred to Soolagiri Panchayat Union, Krishnagiri District and she is presently working in Hozur Panchayat Union at Panchayat Union Middle School, Arasanatti.

3. The grievance expressed by the petitioner is that the Juniors of the petitioner are drawing more salary and to rectify the pay anomaly as per Fundamental Rule 27 as well as 6 (i) of revised pay scale in the year 1998, she made a representation to the first respondent on 25.09.2015 through the proper channel, 3rd respondent. Since no order has been passed, the present writ petition has been filed.

4.Heard Mr.R.Saseetharan, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government, who accepts notice on behalf of the respondents.

5. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the case, directs the respondents to consider and dispose of the representation of the petitioner dated 25.09.2015 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

This writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sms To 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Krishnagiri District, Krishnagiri.

3.The Assistant Elementary Educational Officer, Hozur Panchayat Union, Hozur, Krishnagiri District.

1 cc to Mr.R. Saseetharan, Advocate, Sr. 68632 1 cc to Government Pleader, Sr. 68750 W.P.No.40126 of 2015 CTK (CO) kk 12/1