A.Bala Murugan v. The Director Of Elementary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Bala Murugan, Secondary Grade Teacher, Guru Baghyam Elementary School, Vellanaikottai, Vasudevanallur Range, Tenkasi District.

.. Petitioner Vs.

1.The Director of Elementary Education, College Road, Chennai - 600 002.

2.The District Elementary Educational Officer, Tenkasi.

3.The Block Educational Officer, Vasudevanallur, Tenkasi District, Tenkasi.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to sanction annual increment to the petitioner from 21.07.2011 with monetary benefits as per the order dated 02.06.2023 passed in W.A.No.313 of 2022 by considering the petitioner's representation dated 21.03.2024 within a time frame as may be fixed by this Court. For petitioner :

Mr.R.Kamaraj For Respondents :

Mrs.P.Rajarajeshwari Government Advocate 1/4

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 1st respondent to sanction annual increment of the petitioner from 21.07.2011 with monetary benefits considering the representation made by the petitioner on 21.03.2024.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3.The case of the petitioner is that he was appointed as a Secondary Grade Teacher in the year 2011. His appointment was approved by the concerned authority on 24.10.2011 with effect from 21.07.2011. The annual increments were not granted to the petitioner. When the petitioner questioned the same, he was informed that he has not completed the Teachers Eligibility Test (TET) exams and that the issue was pending before this High Court.

4.The specific case of the petitioner is that he was appointed before 15.11.2011 and therefore, the requirement for clearing the Teachers Eligibility Test (TET) will not arise in his case. In view of the same, the petitioner made a representation on 21.03.2024 to the 1st 2/4

respondent and requested the 1st respondent to sanction the annual increment of the petitioner from 21.07.2011 with all monetary benefits. Since, the same was not considered, the present writ petition has been filed before this Court.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner on 21.03.2024 on its own merits and in accordance with law and after taking into consideration the judgment passed by the Division Bench in W.A.No.317 of 2022 and pass necessary orders within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order. 6.In the result, his Writ Petition is disposed of with the above directions. No costs.

05.09.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The Director of Elementary Education, College Road, Chennai - 600 002.

2.The District Elementary Educational Officer, Tenkasi.

3.The Block Educational Officer, Vasudevanallur, Tenkasi District, Tenkasi.

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