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Madras High CourtWP/27283/2018disposed of

R.Subhavasamalar, v. The State Of Tamilnadu,

2018-10-12Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.27283 of 2018 R.Subhavasamalar ...

Petitioner Vs 1.The State of Tamilnadu, rep. by its Secretary to Government, Education Department, Secretariat, Chennai-9 2.The Director of School Education, College Road, Chennai-6 3.The District Educational Officer, Villupuram.

4.The Block educational Officer, Sankarapuram, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to count the service of the petitioner rendered in the Good Sheppard Primary School, Gurukilambur, as Secondary Grade Teacher from 22.03.1999 to 14.07.2009, for the purpose of refixation of scale of pay, on the basis of the representation dated 02.03.2017.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.S.Kadhirvelu, Spl.G.P.

ORDER

Heard, Mr.S.N.Ravichandran, learned counsel for the petitioner Mr.S.Kadhirvelu, learned Special Government Pleader appearing for the respondents. By consent of both the parties, the writ petition is taken up for final disposal. 2.The prayer sought for in this writ petition is for a mandamus, directing the respondents to count the service of the petitioner rendered in the Good Sheppard Primary School, Gurukilambur, as Secondary Grade Teacher from 22.03.1999 to 14.07.2009, for the purpose of re-fixation of scale of pay, on

the basis of her representation dated 02.03.2017. 3.The learned counsel for the petitioner submitted that the petitioner has submitted representations dated 22.11.2010 & 02.03.2017 to the respondents praying to count her service rendered in the Good Sheppard Primary School, Gurukilambur, as Secondary Grade Teacher from 22.03.1999 to 14.07.2009, for the purpose of re-fixation of scale of pay, pursuant to the Government Orders dated 13.04.1966, 18.10.1969, 04.01.1971, 31.10.1986, 04.01.1987 & 29.03.1982. However, the same was not considered by the respondents till date. Hence, the petitioner is before this Court.

4.The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the representations of the petitioner would be considered on merits and in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 02.03.2017 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all the necessary parties, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition stands disposed of. No costs.

dn Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The State of Tamilnadu, rep. by its Secretary to Government, Education Department, Secretariat, Chennai-9

2.The Director of School Education, College Road, Chennai-6 3.The District Educational Officer, Villupuram.

4.The Block educational Officer, Sankarapuram, Villupuram District.

+1cc to M/s.S.N.Ravichandran, Advocate SR.NO.71414 +1cc to Government Pleader SR.NO.71481 RSI(CO) sm:1.11.2018 W.P.No.27283 of 2018