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Madras High CourtWP/24103/2019disposed of

M.Balu, v. Director Of School Education,

2019-11-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.24103 OF 2019 M.Balu .. Petitioner Vs.

1.

Director of School Education, Chennai - 600 006.

2.

Chief Educational Officer, Villupuram, Villupuram District.

3.

Headmaster, Government Higher Secondary School, Vazhudavur, Villupuram District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to sanction incentive increment for M.Phil to the Petitioner, and confer all the consequential benefits. For Petitioner : Mr.P.Ganesan for M/s.C.S.Associates For Respondents : Ms.P.Kavitha Government Advocate

O R D E R

The prayer sought for in this Writ Petition is to direct the respondents to sanction incentive increment for M.Phil to the Petitioner, and confer all the consequential benefits.

2. The case of the petitioner is that he joined the respondent Department as a Part Time Craft teacher in the year 1984. His services were regularized from 12.06.1985. Thereafter, the petitioner retired from the service on 31.05.2019. It is the case of the petitioner that while he was working as Post Graduate Assistant, he completed M.Phil degree https://hcservices.ecourts.gov.in/hcservices/

in September 2008 and accordingly he is entitled to receive an incentive increment. However, the petitioner has not been paid with the incentive increment. Therefore the petitioner made a representation to the 3rd respondent on 16.05.2019 requesting to provide the incentive increment. Thereafter, on 21.05.2019, the petitioner made a representation to the 2nd respondent seeking incentive increment. However, the said representations were not considered. Hence, the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioner would submit that it would be suffice to issue direction to the 2nd respondent to consider and dispose of the petitioner's representation dated 21.05.2019, on merits and in accordance with law.

4. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the 2nd respondent to consider and dispose of the petitioner's representation dated 21.05.2019 within a period of twelve weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar kan To 1.

The Director of School Education, Chennai - 600 006. 2.

The Chief Educational Officer, Villupuram, Villupuram District.

3.

The Headmaster, Government Higher Secondary School, Vazhudavur, Villupuram District.

+2cc to Mr.P.Ganesan, Advocate, S.R.No.95673 & 95442 +1cc to the Government Pleader, S.R.No.95576 W.P.No.24103 of 2019 SSV(CO) CS/30/01/2020 https://hcservices.ecourts.gov.in/hcservices/