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Madras High CourtWP/27731/2019disposed of

N.Kumar, v. The State Of Tamil Nadu,

2019-09-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27731 of 2019 and W.M.P.No.27260 of 2019 1.N.Kumar 2.J.Prabhu 3.S.Ravichandar 4.K.S.Sampath Nagarajan 5.T.Namasivayam 6.R.Balasubramaniyan ... Petitioners Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government Finance Department Fort St. George Chennai 600 009 2.The State of Tamil Nadu Rep. by its Secretary to Government School Education Department Fort St. George, Chennai 600 009 3.The Director of School Education DPI Compound, College Road Chennai 600 006 4.The Joint Director (Vocational) Directorate of School Education DPI Compound, College Road Chennai 600 006 ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent to dispose of the representation dated 03.08.2019 in accordance with law by re-fixing the scale of pay of the petitioners who worked as Vocational Instructors at Rs.2000-3500 w.e.f. 01.04.1990 or 16.10.

1992 as the case may be on par with the scale of pay sanctioned to Mr.G.Narayanasamy under G.O.Ms.No.327 dated 18.11.2013 and on par with Vocational Instructors who were in service at the time plus 2 system was introduced in the Schools in the State of Tamil Nadu in compliance with the order of this Court in W.P.No.10801 of 2014 dated 04.03.2019 within a reasonable time fixed by this Court.

For Petitioners : Mrs.Nalini Chidambaram, SC for M/s.C.Uma For Respondents : Mr.C.Munusamy, Spl.G.P. For Education

O R D E R

Mr.C.Munusamy, learned Special Government Pleader accepts notice on behalf of the respondents. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.

2.The learned Senior Counsel appearing for the petitioners would submit that the petitioners herein have made a representation to the 3rd respondent on 03.08.2019 for re-fixing the scale of pay of the petitioners who worked as Vocational Instructors at Rs.2000-3500 w.e.f. 01.04.1990 or 16.10.1992 as the case may be on par with the scale of pay sanctioned to Mr.G.Narayanasamy under G.O.Ms.No.327 dated 18.11.2013 and on par with Vocational Instructors who were in service at the time plus 2 system was introduced on the Schools in the State of Tamil Nadu in compliance with the order of this Court in W.P.No.10801 of 2014 dated 04.03.2019 within a reasonable time. 3.The learned Additional Government Pleader would accede to the submission made by the learned Senior counsel for the petitioners and submitted that if any such representation was received by the 3rd respondent, the same will be considered on merits and in accordance with law.

4.Thus, without going into the merits of the case, this Court is inclined to direct the 3rd respondent to consider the representation of petitioners dated 03.08.2019 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order. 5.With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar

kas To 1.The Secretary to Government Finance Department Fort St. George Chennai 600 009 2.The Secretary to Government School Education Department Fort St. George, Chennai 600 009 3.The Director of School Education DPI Compound, College Road Chennai 600 006 4.The Joint Director (Vocational) Directorate of School Education DPI Compound, College Road Chennai 600 006 +1cc to M/S.C.Uma, Advocate sr.80542 W.P.No.27731 of 2019 and W.M.P.No.27260 of 2019 cp(co) nr 20/09/2019