← Library
Madras High CourtWP/944/2016disposed of

S.P.Karthikeyan, v. The State Of Tamilnadu

2016-01-11Honourable Mr Justice R. Mahadevan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.944 to 946 of 2016 1.S.P.Karthikeyan 2.R.Lakshmi Rekha 3.A.Sridhar 4.B.Sudha 5.E.Pappu 6.A.Amsa 7.G.Govindan 8.M.Babu 9.J.Ravi 10.P.Vadivudayambal ... Petitioners in WP.944/2016 1.A.V.Venkatesan 2.V.Venda ... Petitioners in WP.945/2016 1.A.Ravi 2.K.Sivashanmuga Sundaram 3.M.Tamilselvi 4.B.Umamaheswaran ... Petitioners in WP.946/2016 Vs.

1. The State of Tamil Nadu, rep. by its Principal Secretary to Government, Kundrathur Union,

5. The Assistant Elementary Educational Officer,

6. The Assistant Elementary Educational officer, Achirapakkam Union, Kancheepuram District.

7. The Assistant Elementary Educational Officer,

8. The Assistant Elementary Educational Officer, Maduranthakam Union,

9. The Assistant Elementary Educational Officer, Lathur Union, ... Respondents in WP.944/2016

1. The State of Tamil Nadu, rep. by its Principal Secretary to Government, Tiruvannamalai District, Tiruvannamalai.

Pudupalayam Union, Tiruvannamalai District.

5. The Assistant Elementary Educational Officer, Thurunjapuram Union, Tiruvannamalai District.

... Respondents in WP.945/2016

1. The State of Tamil Nadu, rep. by its Principal Secretary to Government,

Walajabad Union, ... Respondents in WP.946/2016 Writ petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to sanction incentive increment to the petitioners for having acquired the higher qualification of B.Com/M.Com, B.Com./M.Com. B.Ed., and B.A/M.A and B.Ed. degree respectively from the date of acquiring the degree or from the date of appointment whichever is earlier with all consequential benefits by considering the representation submitted by the petitioners dated 21.09.2015 within a time frame to be fixed by this court. For Petitioners : Mr.G.Sankaran For Respondents : Mr.S.Gunasekar, Government Advocate COMMON ORDER By consent, all these writ petitions are taken up for final disposal.

2.The petitioners have filed these writ petitions, directing the respondents to sanction incentive increment to the petitioners from the date of acquiring the degree or from the date of appointment whichever is earlier with all consequential benefits by considering their representation dated 21.09.2015 within a time frame to be fixed by this court. 3.It is the case of the petitioners that they are working as Secondary Grade Teacher/Headmaster/BT Assistant in Elementary Education Subordinate Services. They are qualified with higher qualification, such as, B.Com/M.Com, B.Com/M.Com.,B.Ed and B.A/M.A., B.Ed., degree for sanctioning incentive increment based on G.O.Ms.No.324 Education, Science and Technology Department dated 25.04.2005. For claiming the said benefit, the petitioners made representation dated 21.09.2015 to the second

respondent and the same are yet to be disposed of. Therefore, the petitioners are before this court.

4.Heard Mr.G.Sankaran, learned counsel for the petitioners and Mr.S.Gunasekar, learned Government Advocate appearing for the respondents.

5.Considering the limited nature of the relief sought for herein, without going into the merits of the matters, the second respondent is directed to consider the respective representation of the petitioners dated 21.09.2015 and pass orders on merits and in accordance with law and also in the light of G.O.Ms.No.324 Education, Science and Technology Department dated 25.04.2005, within a period of six weeks from the date of receipt of a copy of this order.

6.All the writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rk To

1. The Principal Secretary to Government, Kundrathur Union,

5. The Assistant Elementary Educational Officer,

6. The Assistant Elementary Educational officer, Achirapakkam Union, Kancheepuram District.

7. The Assistant Elementary Educational Officer,

8. The Assistant Elementary Educational Officer, Maduranthakam Union,

9. The Assistant Elementary Educational Officer, Lathur Union, 10.The District Elementary Educational Officer, Tiruvannamalai District, Tiruvannamalai.

11.The Assistant Elementary Educational officer, Pudupalayam Union, Tiruvannamalai District.

12.The Assistant Elementary Educational Officer, Thurunjapuram Union, Tiruvannamalai District.

13.The District Elementary Educational Officer, 14.The Assistant Elementary Educational officer, Walajabad Union, +3cc's to Mr.G.Sankaran, Advocate, S.R.No.2199 +1cc to the Government Pleader, S.R.No.2271 W.P.Nos.944 to 946 of 2016 MSM(CO) CA(12/02/2016)