B.Surendra Reddy v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.09.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.25501 of 2022 B.Surendra Reddy ..Petitioner Vs.

1. The Director of School Education, College Road, Chennai - 600 006.

2. The District Educational Officer, Chennai (Central) Chennai - 600 015.

3. The Secretary, Kumararajah Muthiah Higher Secondary School, Crescent Avenue Road, Gandhi Nagar, Adyar, Chennai - 600 020.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for Writ of Mandamus, directing the 2nd respondent to implement its order dated 16.10.2018 in Na.Ka.No.3128/Aa4/2018, consequential revised pensionary benefits and disburse the benefits enumerated therein to the petitioner in letter and spirit by considering the petitioner's representation dated 09.08.2022.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.S.Yashwanth Additional Government Pleader [R1 & R2]

ORDER

In order to get the additional incentive increment for the higher qualification acquired by the petitioner, already the plea of the petitioner having been considered order was passed on 16.10.2018 by the District Educational Officer.

2. Though such an order has been passed, according to the learned counsel appearing for the petitioner, the order is in paper as it has not been implemented and no such advance incentive increment has been so far paid to the petitioner, therefore, in order to implement the said order, the present writ petition has been filed.

3.Reiterating the aforesaid Mr.P.Ganesn,learned counsel appearing for the petitioner seeks indulgence of this Court.

4. Heard Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents 1 and 2, who would submit that, for getting

such advance incentive increment as ordered by the District Educational Officer concerned dated 16.10.2018, the proposal has been sent to the Higher Authority/Government for sanctioning of the said amount, within a period of twelve weeks, the orders are expected from the Authorities concerned with regard to the sanctioning of the said amount and the same would be calculated and be paid with arrears to the petitioner thereafter.

5. Regarding the said submission made by the learned counsel appearing for the respondents 1 and 2 that the proposal has already been sent to the Government/competent authority for sanctioning of the additional incentive increment to be paid to the petitioner, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the first respondent to implement the order dated 16.10.2018 passed by the District Educational Officer i.e., second respondent by calculating and paying the arrears of incentive increment for the higher qualification acquired by the petitioner and disburse the same within a period of three months from the date of receipt of a copy of this order.

R.SURESH KUMAR, J.

mp With this direction, this writ petition is disposed of. No costs. 22.09.2022 Index : Yes/No mp To

1. The Director of School Education, College Road, Chennai - 600 006.

2. The District Educational Officer, Chennai (Central) Chennai - 600 015.

W.P.No.25501 of 2022