Madras High CourtWMP/32469/2018closed

R.Geetha v. The State Of Tamil Nadu

2019-01-03Honourable Dr. Justice S. Vimala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Third day of January Two Thousand Nineteen PRESENT THE HON`BLE DR. JUSTICE S.VIMALA WP NOS.27915, 27919, 27920 AND 27922 OF 2018 AND WMP.NOS.32469, 32477, 32475 AND 32481 OF 2018 R.GEETHA [PETITIONER IN WP.27915/18 AND WMP.32469/18] M.SIVAGAMI [PETITIONER IN WP.27919/18 AND WMP.32477/18] R.ANBALAGAN [PETITIONER IN WP.27920/18 AND WMP.32475/18] N.S.DEVAKUMARAN [PETITIONER IN WP.27922/18 AND WMP.32481/18] Vs 1 THE STATE OF TAMIL NADU [ 1 & 2 RESPONDENTS IN ALL THE REP. BY ITS PRINCIPAL SECRETARY TO PETITIONS ] GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, FORT, ST. GEORGE, CHENNAI 600 009.

2 THE DIRECTOR OF ELEMENTARY EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006.

3 THE DISTRICT ELEMENTARY [3 & 4TH RESPONDENTS IN WP.NOS.27915 & EDUCATIONAL OFFICER, 27919/18 and WMP.NOS.32469 & THIRUVALLUR DISTRICT, 32477/18 ] THIRUVALLUR.

4 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, POONDY UNION, THIRUVALLUR DISTRICT.

THE DISTRICT EDUCATIONAL OFFICER, [3 & 4TH RESPONDENTS NAGAPATTINAM DISTRICT, IN WP.NOS.27920 AND WMP.32475/18 ] NAGAPATTINAM.

THE BLOCK EDUCATIONAL OFFICER, THALANAYAR BLOCK, NAGAPATTINAM.

THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, [3 & 4TH RESPONDENTS KANCHEEPURAM DISTRICT, IN WP.NO.27922 AND WMP.32481/18 ] KANCHEEPURAM.

THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KATTANKOLATHUR UNION, KANCHEEPURAM.

Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a WERIT OF CERTIORARIFIED MANDAMUS, or any other appropriate writ, or order of direction in the nature of a Writ calling for the records relating to the impugned proceedings issued by the 1st respondent in Letter No.3702/Tho.Ka(2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.15/A2/2018 dated 16.04.2018 and to Quash the Same and consequently directing the Respondents to continue to pay the incentive increment to the Petitioner for acquiring B.Ed.

, degree with revision scale of pay with reference to recommendations of VIIth pay commission and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances(in WP.No.27915/18) (ii) calling for the records relating to the impugned proceedings issued by the 1st respondent in Letter No.3702/Tho.Ka (2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.15/A2/2018 dated 16.04.2018 and to Quash the Same and consequently directing the Respondents to continue to pay the incentive increment to the Petitioner for acquiring B.Ed.

, degree with revision scale of pay with reference to recommendations of VIIth pay commission and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances (in WP.No.27919/18) (iii) calling for the records relating to the impugned proceedings issued by the 1st respondent in Letter No.3702/Tho.Ka (2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.1369/A1/2018 dated 25.06.2018 and to Quash the Same and consequently directing the Respondents to continue to pay the incentive increment to the Petitioner for acquiring B.Ed.

, degree with revision scale of pay with reference to recommendations of VIIth pay commission and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances (in WP.No.27920/18) (iv) calling for the records relating to the impugned proceedings issued by the 1st respondent in Letter No.3702/Tho.Ka (2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.53/A2/2018 dated 106.04.

the Respondents to continue to pay the incentive increment to the Petitioner for acquiring B.Ed., degree with revision scale of pay with reference to recommendations of VIIth pay Commission and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances (in WP.No.27922/18) B(i) stay staying the operation of the impugned proceedings issued by the 1st Respondent in Letter No.3702/Tho.Ka(2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.15/A2/2018 dated 16.04.2018 (in WMP.No.32469/18) pending disposal of the above writ petition 27915/18 (ii) stay staying the operation of the impugned proceedings issued by the 1st Respondent in Letter No.3702/Tho.Ka(2)/2017 dated 10.10.

2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.15/A2/2018 dated 16.04.2018 (in WMP.No.32475/18) pending disposal of the above writ petition 27919/18 (iii) to grant an order of Interim Stay staying the operation of the impugned proceedings issued by the 1st Respondent in Letter No.3702/Tho.Ka1(2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.1369/A1/2018 dated 25.04.2018 (in WMP.No.32477/18 pending disposal of the above writ petition 27920/18 and; (iv) to grant an order of Interim stay staying the operation of the impugned proceedings issued by the 1st Respondent in Letter No.3702/Tho.Ka(2)/2017 dated 10.10.2017 and the consequential impugned proceedings issued by the 4th Respondent in Na.Ka.No.53/A2/2018 dated 16.04.2018 (in WMP.No.

32481/18) pending disposal of the above writ petition 27922/18 respectively. Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.G.SANKARAN Advocate for the petitioner in each the petitions and of M/S.P.KAVITHA Government Advocate on behalf of the respondents in each the petitions the court made the following order:- Interim order already granted by this court is made absolute. Accordingly, these miscellaneous petitions are closed. -sd/- 03/01/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 PRINCIPAL SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, FORT, ST. GEORGE, CHENNAI 600 009.

2 THE DIRECTOR OF ELEMENTARY EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006.

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, THIRUVALLUR DISTRICT, THIRUVALLUR.

4 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, POONDY UNION, THIRUVALLUR DISTRICT.

5 THE DISTRICT EDUCATIONAL OFFICER, NAGAPATTINAM DISTRICT, NAGAPATTINAM.

6 THE BLOCK EDUCATIONAL OFFICER, THALANAYAR BLOCK, NAGAPATTINAM.

7 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, KANCHEEPURAM DISTRICT, KANCHEEPURAM.

8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KATTANKOLATHUR UNION, KANCHEEPURAM DISTRICT.

C.C. TO M/S.G.SANKARAN ADVOCATE SR.NO.170 Order in WP NOS.27915, 27919, 27920 AND 27922 OF 2018 AND WMP.NOS.32469, 32477, 32475 AND 32481 OF 2018 Date :03/01/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 08.11.2018 SDR 07.12.2018 SDR 08.01.2019