Madras High CourtWP/648/2016disposed of

M.Ilancheran, v. The Director Of School

2016-01-18Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18-01-2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.648 OF 2016 M.Ilancheren ... Petitioner -Vs1. The Directorate of School Education, DPI Complex, College Road, Nungambakkam, Chennai.

2. The Chief Educational Officer, Nagapattinam.

... Respondents Writ Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to count the services rendered in Selection Grade/Special Grade of Secondary Grade Post for awarding Selection Grade of B.T.Assistant post and grant 3% + 3% of basic pay as additional increment in accordance with proceedings No.23373/S/2011-2, dated 09.08.2011, reiterating G.O.Ms.No.210 P & AR (S) Department, dated 11.03.1987, by considering the appeal, dated 25.01.2013, within a time frame. For petitioner : Ms.T.Aananthi For respondents : Mr.S.Gunasekaran, Government Advocate

O R D E R

With consent, the Writ Petition is taken up for final disposal, at the admission stage.

2. According to the petitioner, he was appointed as a Secondary Grade Teacher on 22.09.1983, in the regular post, and then promoted as B.T.Assistant (Tamil) on 24.02.2005, and he retired from service on 30.04.2012. He would claim that he is entitled to the benefit of G.O.Ms.No.210 Personnel & Administrative Reforms Department, dated 11.03.1987; since the said benefit is not extended to the petitioner, he submitted a representation, which has been rejected by the second https://hcservices.ecourts.gov.in/hcservices/

respondent on 11.10.2011; aggrieved over the said order of rejection, the petitioner has preferred an appeal before the first respondent on 25.01.2013, and since no orders are passed on the said appeal, he is before this Court, by way of this Writ Petition.

3. Heard both sides.

4. Though the petitioner has prayed for a larger relief, this Court, considering the facts and circumstances of the case, without going into the merits of the case, directs the first respondent to dispose of the appeal of the petitioner, dated 25.01.2013, on merit and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dixit To

1. The Director, Directorate of School Education, DPI Complex, College Road, Nungambakkam, Chennai.

2. The Chief Educational Officer, Nagapattinam.

+1cc to Ms.T.Aananthi, Advocate, S.R.No.2708 +1cc to the Government Pleader, S.R.No.2696 W.P.No.648 OF 2016 RV(CO) CA(11/02/2016) https://hcservices.ecourts.gov.in/hcservices/