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Madras High CourtWP/22229/2022dismissed

R.Poyyamozhi v. The Principal Secretary To Government

2023-09-13Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

1. R.Poyyamozhi

2. A.Manickam

3. K.Ambigapathy

4. G.Seetharaman

5. M.Natarajan

6. M.Krishnan

7. V.Sivagurunathan

8. M.Mani Gounder

9. M.Francis ... Petitioners Vs

1. The Principal Secretary to Government, Department of School Education, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

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

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to extend the benefits of G.O. Ms. No.19 school Education (Tho.Ka.1 (1) 1/5

Department dated 07.02.2019 so as to enable the petitioners to get the benefits by considering the representations of the petitioners dated 04.07.2022 08.07.2022 and 15.07.2022.

For petitioner : Mr.P.Ganesh For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This Writ Petition has been filed to direct the respondents to extend the benefits of G.O. Ms. No.19 school Education (Tho.Ka.1 (1) Department dated 07.02.2019 so as to enable the petitioners to get the benefits by considering the representations of the petitioners dated 04.07.2022 08.07.2022 and 15.07.2022.

2. The case of the petitioner is that they were promoted to the post of AEEO and they retired from service as AEEO. It is the grievance of the petitioners that as per G.O.Ms.No.19, the pay was fixed in the level - 18 instead of level - 17 pay matrix of the Tamil Nadu Revised Pay Rules, 2017. However, the revision of scale of pay was sanctioned only from the date of the Government Order, viz., 07.02.2019. In this regard they 2/5

had given representations to the respondents. However, the same has not been considered by the respondents. Hence, the present Writ Petition.

3. It is relevant to note that prior to the said Government Order, Middle School Head Master in the feeder category have been promoted as AEEO and the Government Order has been passed taking note of change in nomenclature and has been implemented in the year 2019. The petitioners have already been retired from service. Hence, this Court is of the view that the petitioners cannot take advantage merely on the basis of rearrangement of post by taking policy decision. Therefore, there is no merits in this petition and the same is liable to be dismissed.

4. Accordingly, this Writ Petition is dismissed. No costs. 13.09.2023 Index:Yes/No vrc To,

1. The Principal Secretary to Government, Department of School Education, 3/5

Government of Tamil Nadu, Secretariat, Chennai - 600 009.

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

4/5

N.SATHISH KUMAR, J.

vrc WP.No.22229 of 2022 13.09.2023 5/5