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Madras High CourtWP/27445/2019disposed of

R.Magesh v. State Of Tamil Nadu,

2019-09-16Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27445 of 2019 and W.M.P.No.26914 of 2019 1.R.Magesh Head Master, Government High School, Pappanthangaal, 2.A.Margabandhu, Head Master, Government High School, Mattuechur, 3.S.Senthil Murugan, Head Master, Kunnathur, 4.S.Jayakumar, Head Master, Thennampattu, 5.M.Latha, Head Master, Government High School, Painginar, Cheyyar, 6.P.Srinivasan, Head Master, Government High School, Erumpoondi - 604 601, 7.C.Palani, Head Master, Government High School, Melpadur, Chengam Taluk, 8.R.Elumalai, Head Master, Government High School, Melapunjai, Chengam Taluk,

9.A.Ayyappan, Head Master, Government Boys Higher Secondary School, Perungathur, Vemkbakkam Taluk, Pin: 604 402.

..Petitioners Vs.

1.State of Tamil Nadu, Represented by its Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, 4.The District Educational Officer, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioners for grant of selection grade in the post of High School Head Masters as per G.O.Ms.No.237 dated 22.07.2013 by counting the services of the petitioners in the post of P.G. Assistants by taking into account the fact that the ordinary grade of P.G. Assistants and the High School Head Masters are one and the same.

For Petitioners : Ms.Dahshayani Reddy For Respondents : Mr.C.Munusamy Special Government Pleader

O R D E R

The prayer sought for in the Writ Petition is to direct the respondents herein to consider the representation of the petitioners for grant of Selection Grade in the post of High School Head Masters as per G.O.Ms.No.237 dated 22.07.2013 by counting the services of the petitioners in the post of P.G.Assistants by taking into account the fact that the ordinary grade of P.G.Assistants and the High School Head Masters are one and the same.

2.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioners is that the petitioners were initially appointed as P.G.Assistants on various dates ranging from 2005 to 2009 and subsequently they were promoted by transfer to the post of High School Head Master from the years 2012 to 2016. Initially there is no pay parity in the post of P.G.Assistant and High School Head Master. Till the year 2009, the respondents considered the services of the petitioners rendered in the post of P.G.Assistants for the purpose of grant of Selection Grade in the post of High School Head Master. Even after 2009 also pay scales remained identical. But the respondents have not counted the services of the petitioners rendered in the post of P.G.Assistants for grant of Selection Grade in the post of High School Head Master. The petitioners also made representation which was not considered by the respondents, for which the petitioners have come out with the present Writ Petition.

4.The learned counsel for the petitioners would submit that it would be suffice to issue direction to the second respondent to consider the representations sent by the petitioners and pass orders on the same.

5.The learned Special Government Pleader appearing for the respondents would concede the request made by the learned counsel for the petitioner.

6.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 the representation of the petitioners for grant of Selection Grade in the post of High School Head Masters and pass orders on the same in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar krk

To 1.State of Tamil Nadu, Represented by its Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, 4.The District Educational Officer, +1cc to Ms.Dahshayani Reddy, Advocate SR.No.79732 +1cc to Government Pleader SR.No.79699 W.P.No.27445 of 2019 GMY(16/10/2019)