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Madras High CourtWP/15935/2020disposed of

R.Mumtaj Begum v. The State Of Tamil Nadu

2023-07-14Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.15935 of 2020 R.Mumtaj Begum ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The District Educational Officer, Maduranthagam Educational District, Maduranthagam, Chengalpattu District.

4. The Block Educational Officer, Maduranthagam Block, Maduranthagam, Chengalpattu District.

... Respondents PRAYER: This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to sanction incentive increment to the Page No.1 of 6

petitioner in the post of B.T.Assistant (Maths), for M.Phil. Degree acquired by her in compliance to G.O. (1D) No.18, School Education Department, dated 18.01.2013, by considering the representation submitted by the petitioner dated 17.02.2017 and 23.09.2020 with all consequential and other attendant benefits including arrears of salary, within a time frame to be fixed by this Court.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : M/s.Vijaya Devi, Government Advocate.

O R D E R

This writ petition has been filed seeking a direction to the respondents to sanction incentive increment to the petitioner in the post of B.T.Assistant (Maths), for M.Phil. Degree acquired by her in compliance to G.O. (1D) No.18, School Education Department, dated 18.01.2013, by considering the representation submitted by the petitioner dated 17.02.2017 and 23.09.2020 with all consequential and other attendant benefits including arrears of salary, within a time frame.

2. The case of the petitioner is that the petitioner is a P.T.Asisstant (Maths) in Tamilnadu Elementary Education Service through Teacher Recruitment Board. She is a post Graduate Degree holder and subsequently, completed M.Phil, Computer Science in the year 2006. Page No.2 of 6

Claiming that she is entitled for multiple degree based on G.O.(1D).No.18, School Education Department dated 18.01.2013, the petitioner applied for incentive increment through various representations dated 09.03.2015, 21.08.2016, 17.02.2017 & 23.09.2020 and the latest representation dated 23.09.2020. Since the same has not been considered till date, the petitioner filed the present writ petition.

3. The learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 17.02.2017 & 23.09.2020 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for the respondents submitted that she has no objection for the said order being passed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

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6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representations dated 17.02.2017 & 23.09.2020 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above observation and direction. No costs.

14.07.2023 kmm Index :

Yes/No Speaking Order :

Yes/No To:

1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Page No.4 of 6

Fort St. George, Secretariat, Chennai - 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The District Educational Officer, Maduranthagam Educational District, Maduranthagam, Chengalpattu District.

4. The Block Educational Officer, Maduranthagam Block, Maduranthagam, Chengalpattu District.

J. SATHYA NARAYANA PRASAD, J.

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