Madras High CourtWP/898/2016disposed of

S.Indirasenan v. The Government Of Tamil Nadu

2016-01-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.898 of 2016 S.Indirasenan ..

Petitioner Vs

1. The Government of Tamil Nadu Rep by its Secretary to Government School Education Department, Fort St. George, Chennai 9.

2. The Director of School Education, College Road, Chennai-6.

3. The Chief Educational Officer, Vellore, Vellore District.

4. The Head Master, Government High School, Thanigaipolur, Arakonam Taluk, Vellore District.

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st Respondent to pay the Grade Pay Arrears from 1.1.1996 to 31.12.2005 as per the Petitioner's representation dated 23.10.2015. For Petitioner : Mr.M.Thamizhavel For Respondents : Mr.S.Gunasekar Government Advocate

ORDER

By consent, the writ petition is taken up for final disposal. 2.The petitioner has filed this writ petition seeking a direction to the first respondent to pay the Grade Pay Arrears from 1.1.1996 to 31.12.2005 by considering his representation dated 23.10.2015.

3.According to the petitioner, he was appointed as Physical Educational Teacher in Government High School, Bolipakkam Arakonam, Vellore District on 26.12.1973 and his pay scale was fixed at Rs.225-05-250-10-350. Thereafter, he was awarded selection grade on 26.12.1983 in the scale of pay of Rs.400-15-490-20-650-25-700 and special grade on 26.12.1993 in the scale of pay of Rs.1640-60-260075-2900 and he retired from service on 31.05.2003. 4.It is the further case of the petitioner that the Ministry of Personnel, PG and Pensions, Government of India, has issued an office Memorandum dated 28.01.2013 to count the grade pay for the pension purpose and the various state Governments had also implemented the same.

However, the Government of Tamil Nadu has failed to give effect to the same and as a consequence, the persons like that of the petitioner are losing monetary benefits ranging between Rs.800/- and Rs.1400/- per month. Hence, the petitioner made a representation dated 23.10.2015 to the first respondent seeking grade pay arrears and the same is yet to be disposed of, which compelled the petitioner to approach this Court with the present writ petition.

5.Heard Mr.M.Thamizhavel, learned counsel for the petitioner and Mr.S.Gunasekar, learned Government Advocate who took notice for the respondents.

6.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 23.10.2015 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rk To

1. The Secretary to Government School Education Department, Fort St. George, Chennai 9.

2 The Director of School Education, College Road, Chennai-6.

3 The Chief Educational Officer, Vellore, Vellore District.

4 The Head Master, Government High School, Thanigaipolur, Arakonam Taluk, Vellore District.

1 cc to Government Pleader, sr. 2237 W.P.No.898 of 2016 SCD (CO) kk 18/2