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Madras High CourtWP/20208/2025disposed of

S. Marceline v. The State Of Tamil Nadu

2025-06-11Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN S.Marceline ... Petitioner Vs.

1.

The State of Tamil Nadu represented by its Secretary to Government, School Education Department, Fort St.George, Chennai - 9.

The Chief Education Officer, Nilgris, Ooty.

The District Educational Officer, Gudalur District.

4.

The Secretary, C.S.I, Hr.Sec.School, Ketti, The Nilgris.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the respondents to pay the entire annual increment and selection grade due to the petitioner from 2012 to 2025 and to fix her scale of pay in selection grade and continue to pay the same.

For Petitioner : Mr.S.N.Subramani For Respondents : Mr.S.Mythreye Chandru Special Government Pleader for R1 to R3

ORDER

The writ petition has been filed to to direct the respondents to pay the entire annual increment and selection grade due to the petitioner from 2012 to 2025 and to fix her scale of pay in selection grade and continue to pay the same.

The case of the petitioner is that, she was appointed as Assistant Teacher (Social) in Fathima Girls Hr.Secondary School, Gudalur District which is a Government aided school. Subsequently, she was transferred to CSI, Hr.Sec.School, Ketti, the Nilgris, while she was in service. She has also written TET examination. However, she could not pass the same. Thereafter, when the third respondent stopped the payment of salary, on account of not having TET qualification, the petitioner challenged the same before the writ Court. However, on filing of the writ petition, the respondents paid the salary but did not consider payment of increment and other incentives, such as selection grade from 2012 to 2025. In this connection, the petitioner has sent

a representation to the 1st respondent dated 10.02.2025 and the same is pending. Hence the present writ petition has been filed seeking for a mandamus.

Learned Special Government Pleader who takes notice for the respondents 1 to 3 would object the contention of the petitioner on the ground of latches and delay.

4.

Heard both sides and perused the materials available on record. 5.

The fact remains that the petitioner's representation dated 10.02.2025, is pending before the respondent Authority. In such view of the matter, this Court without going into the merits of the matter, deems it appropriate to direct the respondents to consider the petitioner's representation dated 10.02.2025, and pass order on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

In the result, the Writ Petition is disposed of with the above direction. No costs.

11.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.

The State of Tamil Nadu represented by its Secretary to Government, School Education Department, Fort St.George, Chennai - 9.

The Chief Education Officer, Nilgris, Ooty.

The District Educational Officer, Gudalur District.

C.KUMARAPPAN, J.

veda 11.06.2025