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Madras High CourtWP/40889/2015disposed of

Vasu. Thamizharasan v. The Secretary

2016-01-05Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40889 of 2015 Vasu.Thamizharasan ...Petitioner Vs.

1.The Secretary, School Education Department, Fort St. George, Chennai-600 104.

2. The Director of Elementary Education, D.P.I., College Road, Chennai-600 006.

3. The District Elementary Educational Officer, Villupuram, Villupuram District.

4. Mr.Janakiraman ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 27.08.2012, in the light of the order passed by the second respondent in Na.Ka No.6184/A3/2010, dated 01.11.2012 and pay the equal scale of pay on par with the fourth respondent's scale of pay with effect from the date on which the pay anomali raised as on 27.09.1996 and pay all the revision of pension and arrears.

For Petitioner : Mr.R.Sreedharan For RR1 to 3 : Mr.V.Jayaprakash Narayanan, Spl GP.

O R D E R

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

2. The writ petition has been filed for issuance of a writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 27.08.2012 in the light of the order passed by the second respondent in Na.Ka No.6184/A3/2010, dated 01.11.2012 and pay the equal scale of pay on par with the fourth respondent's scale of pay with effect from the date on which the pay anomali raised as on 27.09.1996 and pay all the revision of pension and arrears.

3. The case of the petitioner is that he was appointed as Secondary Grade Headmaster on 01.09.1964 and posted at Panchayat Union Middle School, Ulundurpet Union. Subsequently, he was transferred to the post of Elementary School Headmaster and after serving 30 years, he retired from service on 31.08.2002 on attaining the age of superannuation.

4. The grievance expressed by the petitioner is that the fourth respondent, who is the junior to the petitioner, was drawing more salary and therefore, the petitioner sent a representation to the respondents to revise the pay. It is further claimed by the petitioner that the third respondent has sent a proposal to the second respondent but it was not considered till date. Hence, the present writ petition has been filed.

5. Heard Mr.R.Sreedharan, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned counsel appearing for the respondents 1 to 3.

6. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the case, directs the second respondent to consider the proposal sent by the third respondent in Na.Ka No.6184/A3/2010, dated 01.11.2012 and pass orders on merits and in accordance with law, 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.

7. The writ petition is disposed of accordingly. No costs. dn/sms Sd/- Assistant Registrar(IV) /True Copy/ Sub-Assistant Registrar

To

1. The Secretary, School Education Department, Fort St. George, Chennai-600 104.

2. The Director of Elementary Education, D.P.I., College Road, Chennai-600 006.

3. The District Elementary Educational Officer, Villupuram, Villupuram District.

+1 C.C. To MR.R.Sreedharan, Advocate in SR.NO.20 +1 C.C. To Government Pleader in SR.NO.611 W.P.No.40889 of 2015 RSY(CO) sd : 22/01/2016