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Madras High CourtWP/31474/2022disposed of

R.Ponnambalam v. Government Of Tamil Nadu

2022-11-25Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.31474 of 2022 R.Ponnambalam ... Petitioner

Versus

1. Government of Tamil Nadu, Rep by Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.

2. The Director of School Education, Chennai-600 006.

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

4. The Head Master, Government Higher Secondary School, Mazhaiyur, Thiruvnnamalai District .... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus directing the respondents 1 and 2 to consider the claim of the petitioner for higher pay on par with his junior Thiru.D.Sivaraman, with effect from 24.10.2002 and to revise his pensionary benefits on that basis in the light of representation dated 17.01.2022 to the first and second respondents.

For Petitioner : Mr.G.Punniakoti 1/4

For Respondents : Mr.S.Yashwanth AGP O RDER This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to consider the claim of the petitioner for higher pay on par with his junior Thiru.D.Sivaraman, with effect from 24.10.2002 and to revise his pensionary benefits on that basis 2.The petitioner has given a representation on 17.01.2022 for the aforementioned purpose. Since the representation has not been considered till date, the petitioner has filed this writ petition.

3. Heard Mr.G.Punniakoti, learned counsel for the petitioner and Mr.S.Yashwanth, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.

4. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court. However, the petitioner will have to give a fresh representation, since the representation given by the petitioner earlier is an old 2/4

one.

5. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the second respondent requesting for payment of higher pay on par with his junior viz., D.Sivaraman with effect from 24.10.2002 and to revise his pensionary benefits on that basis, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the second respondent shall pass final orders on merits and in accordance with law within a period of eight weeks thereafter. With the aforesaid direction, the writ petition is disposed of. No costs.

25.11.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order To

1. The Principal Secretary to Government, Government of Tamil Nadu, School Education Department, Secretariat, Chennai-9.

3/4

ABDUL QUDDHOSE,J.

sr

2. The Director of School Education, Chennai-600 006.

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

4. The Head Master, Government Higher Secondary School, Mazhaiyur, Thiruvnnamalai District W.P.No.31474 of 2022 25.11.2022 4/4