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Madras High CourtWP/24902/2021disposed of

N.Gayathri v. State Of Tamil Nadu

2024-02-06Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.24902 of 2021 N.Gayathri ... 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 State Commissioner of Persons with Disabilities, State Commissionerate for Welfare of the Differently abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005.

3. The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.

4. The Joint Director of School Education (Higher Secondary) DPI Campus, College Road, Chennai 600 006.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to pass orders on the Representation submitted by the petitioner for sanctioning regular time scale of pay in the post of Computer Instructor based on the service

rendered by the petitioner on consolidated pay with effect from 02.03.2012 as per orders issued in G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008 with all consequential and other attendant benefits, within a time frame to be fixed by this Court. For Petitioners :

Mr.A.Maheshnath For Respondents :

Mr.P.Gurunathan, Additional Government Pleader

ORDER

This Writ Petition has been filed to consider the representation made by the petitioner for granting regular time scale of pay in the post of Computer Instructor based on the service rendered by the petitioner on consolidated pay with effect from 02.03.2012.

2. The petitioner is a physically disabled person working as a Part time Computer Instructor in Government High School, Tiruvallore on consolidated pay since 20.03.2021. As per G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008, the physically disabled persons who continued to work on consolidated pay in the Government Departments for more than 2 years, should be sanctioned with regular time scale of pay by relaxing the relevant Rules and that she is eligible to get the benefits under the said G.O. Hence, the petitioner has

made representation, seeking to extend the said benefit to her. But, the same was not considered. Hence, this Writ Petition.

3. Heard Mr.A.Maheshnath, learned counsel for the petitioner and Mr.P.Gurunathan, learned Additional Government Pleader appearing for the Respondents.

4. Mr.P.Gurunathan, learned Additional Government Pleader appearing for the Respondents submitted that the petitioner may be directed to submit a fresh representation in this regard to enable the Respondents to pass orders on merits.

5. Considering the above, the petitioner is directed to make a fresh representation with regard to the sanction of regular time scale with all relevant documents. On receipt of the same, the Respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No

costs.

06.02.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

1. The Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The State Commissioner of Persons with Disabilities, State Commissionerate for Welfare of the Differently abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005.

R.N.MANJULA ,J.

vum

W.P. No.24902 of 2021 06.02.2024