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Madras High CourtWP/35106/2019disposed of

P.Srinivasan v. The Secretary,

2019-12-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.35106 of 2019 P.Srinivasan ... Petitioner Vs.

1.The Secretary Government of Tamil Nadu Backward Classes, Most Backward Classes, Denotified and Minorities welfare Department, Secretariat, Chennai.

2.The Commissioner, Most Backward Classes, Welfare Department, Chepauk, Chennai.

3.The Director, Most Backward Class and Denotified Communities Welfare Department, Ezhilagam, Chepauk, Chennai.

4.The District Backward Classes and Minorities Welfare Officer, Salem, Salem District.

... Respondents PRAYER: Writ petition has been filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the second respondent to dispose of my representation dated 24.06.2019 based on the communication of the fourth respondent within stipulated period.

For Petitioner : Mr.M.Sathish Kumar For Respondents: Mr.S.Sureshkumar Government Advocate for R1 to R4

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the second respondent to dispose of the representation made by the petitioner on 24.06.2019 and pass orders, within a time to be fixed by this Court.

2.It is the case of the petitioner that the petitioner became entitled to the post of secondary grade teacher in the year 1976 and his service was also regularised. The further case of the petitioner is that he has served as a Head Master in the Middle School and was also promoted as selection grade teacher in the year 1984 and a special grade teacher in the year 1994 and the petitioner has retired from service in the year 2005. 3.The grievance of the petitioner is that the petitioner is eligible for the pay scale on par with the primary school Head Master/selection grade/special grade under G.O.Ms.No.216 dated 30.12.2011. The petitioner had given a representation to the respondents to extend the benefits and according to the petitioner, similarly placed persons approached this Court and this Court had also given them the benefits. Since the second respondent has not acted upon the representation made by the petitioner, the present Writ Petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation dated 24.06.2019, made by the petitioner and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order.

The petitioner is directed to give a fresh representation along with a copy of this order and also a copy of the representation dated 24.06.2019 to the second respondent.

5. The Writ Petition is disposed of with the above directions. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vkr To 1.The Secretary Government of Tamil Nadu Backward Classes, Most Backward Classes, Denotified and Minorities welfare Department, Secretariat, Chennai.

2. The Commissioner, Most Backward Classes, Welfare Department, Chepauk, Chennai.

3. The Director, Most Backward Class and Denotified Communities Welfare Department, Ezhilagam, Chepauk, Chennai.

4. The District Backward Classes and Minorities Welfare Officer, Salem, Salem District.

+1 CC to Mr.M. Sathish Kumar, Advocate sr 105178 +1 CC to The Govt. Pleader sr 106264.

WP No.35106 of 2019 GJ(CO) SP(08/01/2020)