R.Amudhan, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.04.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR R.Amudhan ... Petitioner Vs.
1. The Secretary to Government, School Education Department, 6th Floor, Namakkal Kavignar Maligai, Fort St. George, Secretariat, Chennai - 600 009.
2. The Chief Education Officer, Panagal Building 1st Floor, Saidapet, Chennai - 600 015.
3. The District Education Officer (Chennai East), No.81, Jaigopal Garodia Girls High School, Choolaimedu High Road, Choolaimedu, Chennai - 600 094.
4. The Secretary, The Hindu Higher Secondary School, No.149, Big Street, Triplicane, Chennai-05.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the
impugned order in letter Ref.037/ 17-18 dated 02.08.2017 passed by the 4th respondent and quash the same and consequently direct the Respondents to revise the pay scale of the petitioner on par with the other persons working in the same post in the scale of 9300- 34800 + 4800. For Petitioner : Mr.Naveen Kumar Murthi for M/s.S.Varsha For R1 to R3 : Mr.K.H.Ravikumar, Government Advocate For R4 : Mr.P.Pongowtham Kumar for Mr.R.Lakshmi Narasimhan
O R D E R
The learned counsel for the petitioner has argued the matter for quite some time and after taking into consideration the objection raised in the counter-affidavit filed by the respondent no.3 with regard to availability of an alternate remedy of appeal, sought leave of this Court to avail the remedy of appeal, as provided under Section 23 of the Tamil Nadu Recognized Private Schools Regulations Act, 1973.
2. In view of the same, the Writ Petition is disposed of granting liberty
to the petitioner to avail the remedy of appeal, as provided under Section 23 of the Tamil Nadu Recognized Private Schools Regulations Act, 1973 within a period of four weeks from the date of receipt of a copy of this order. In case, if any such appeal is filed, the Appellate Authority shall consider the same on merits as expeditiously as possible and pass appropriate orders thereon within a period of three months from the date of filing of appeal by the petitioner. No costs. Connected Miscellaneous Petitions, if any, shall stand closed.
17.04.2024 skr Index : Yes / No Speaking order / Non-speaking order To
1. The Secretary to Government, School Education Department, 6th Floor, Namakkal Kavignar Maligai, Fort St. George, Secretariat, Chennai - 600 009.
2. The Chief Education Officer, Panagal Building 1st Floor, Saidapet, Chennai - 600 015.
3. The District Education Officer (Chennai East),
No.81, Jaigopal Garodia Girls High School, Choolaimedu High Road, Choolaimedu, Chennai - 600 094.
4. The Secretary, The Hindu Higher Secondary School, No.149, Big Street, Triplicane, Chennai-05.
MUMMINENI SUDHEER KUMAR, J.
skr 17.04.2024