C.Subramaniyam v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2019

CORAM:

THE HONOURABLE DR..JUSTICE S.VIMALA WP.No.34685 of 2018 C.Subramaniyam ... Petitioner Vs 1.The Principal Secretary to Government, Department of School Education, St.George Fort, Chennai-600 006.

2.The Director of School Education, DPI Campus, Nungambakkam, Chennai-600 039.

... Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 17.11.2018, which is seeking time scale of pay from 2004 to 1.5.2006, pensionary benefits, gratuity and other monetary benefits.

For Petitioner :

Mr.M.Pari For Respondents :

Mrs.P.Kavitha, GA

ORDER

By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal, at the admission stage itself. Mrs.P.Kavitha, learned Government Advocate takes notice for the Respondents.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. The prayer in this Writ Petition is to direct the respondents to consider the petitioner's representation, dated 17.11.2018, which is seeking time scale of pay from 2004 to 1.5.2006, pensionary benefits, gratuity and other monetary benefits.

4.The case of the Petitioner is that the Petitioner was appointed as a Nutrition Teacher at Panchayat Union Primary School on 8.2.1983 on a consolidated pay of Rs.150/- p.m. and the pay was upgraded to Rs.720 p.m. as per the GO.No.2, dated 03.01.1996, from 1.1.1996. In the Special Examination conducted by the State Government for Noon Meals and Anganvadi Employees, the Petitioner had attended, passed and secured 29th Rank in the State and thereafter, the consolidated pay was fixed at Rs.4000/- from 14.07.2004 and the Petitioner was appointed as a Graduate Teacher (Tamil) at Seerbathanallur Government High School. On 14.7.2018, the Petitioner was transferred to Government Higher Secondary School, Ulunthurpet and he had retired from service with effect from 31.5.2018. Seeking time scale of pay from 2004 to 1.5.

2006, pensionary benefits, gratuity and other monetary benefits, the Petitioner had sent representations dated 2.11.2018 and 17.11.2018 to the Respondents. Since the said representations are not considered so far, this Writ Petition has been filed, seeking the relief as stated above.

5. The learned Government Advocate for the Respondents would submit that the said representations of the Petitioner will be considered and disposed of, on merits and in accordance with law , within a time to be fixed by this Court.

5. Having regard to the facts and circumstances of the case and considering the limited scope of the prayer, as sought for in this Writ Petition, without going into the merits of the case, the Respondents are directed to consider the representations of the Petitioner, dated 02.11.2018 and 17.11.2018, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

Srcm To 1.The Principal Secretary to Government, Department of School Education, St.George Fort, Chennai-600 006.

2.The Director of School Education, DPI Campus, Nungambakkam, Chennai-600 039.

+1cc to M/S.M.Pari, Advocate Sr.2112 +1cc to the Government Pleader Sr.1893 WP.No.34685 of 2018 kj[co] srg 07/02/2019