G.Ashok Metha v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.18534 of 2019

1. G. Ashok Metha S/o. V. M Ganesan BT Assistant, Adi- Dravidar Welfare Middle School Veppamkuppam, Odukathur Via, Vellore District. ...Petitioner vs

1. The Government of Tamil Nadu, Represented by its Secretary, Adi- Dravidar Welfare Department Secretariat, Chennai- 600 009.

2. The Director of Adi-Dravidar Welfare Chepauk, Chennai- 5.

3. The District Adi-Dravidar Welfare Officer, Vellore-9, Vellore District. ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ, direction or order in the nature of a Writ of Mandamus, directing the respondents to fix the salary of the petitioner in BT Assistant scale of pay i.e., Secondary Grade Teacher with Graduate qualification with effect from 1.6.2006 on par with the Graduate Teachers appointed in the Middle School Section like other Government school and private Aided schools in the light of the order dated 15.09.2014 passed in W.P.(MD)No.14870 of 2010 and pass orders.

For Petitioner : Mr. Mani S For Respondents : Mr. A.N. Thambidurai, Spl.GP.

O R D E R

With the consent of both the parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner filed this Writ Petition seeking direction to the respondents to fix the salary of the petitioner in BT Assistant scale of pay i.e., Secondary Grade Teacher with Graduate qualification with effect from 1.6.2006 on par with the Graduate Teachers appointed in the Middle School Section like other Government school and private Aided schools in the light of the order dated 15.09.2014 passed in W.P.(MD)No.14870 of 2010.

3. The case of the petitioner is that the petitioner was initially appointed as Secondary Grade Teacher Course in the year 1999 and subsequently appointed as BT Assistant on 10.08.2007. On 27.06.2006, similarly placed persons like petitioner were given BT Assistant scale with effect from 1.6.2006 vide G.O.Ms.No.90, Education Department, though the persons were appointed after the petitioner. Thereby the petitioner made a representation dated 19.02.2016 in order to avail such benefits, but till date his representation was not considered. Hence the present Writ Petition.

4. The learned counsel for the petitioner submitted that it would be suffice to issue direction to the respondents to consider the representation dated 19.02.2016 and pass order on merits and in accordance with law.

5. Mr. A. N. Thambidurai, learned Special Government Pleader appearing for the respondents agreed to dispose of the representation within a stipulated time.

6. Considering the above facts and circumstances and the limited request made by the petitioner, I am inclined to issue direction to the respondents to consider the representation dated 19.02.2016 submitted by the petitioner and pass appropriate on orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of

a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrn To

1. The Secretary, Government of Tamil Nadu, Adi- Dravidar Welfare Department Secretariat, Chennai- 600 009.

2. The Director of Adi-Dravidar Welfare Chepauk, Chennai- 5.

3. The District Adi-Dravidar Welfare Officer, Vellore-9, Vellore District.

+1cc to the Government Pleader Sr.89952 W.P.No.18534 of 2019 br[co] srg 12/12/2019