Sathivel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.2075 of 2020 Sakthivel ... Petitioner Vs.
1. The State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Ramnad,
4. The District Educational Officer, Paramakudi,
5. The Block Educational Officer, Bogalur Union,
6. The Correspondent, Idartheeamman Elementary School, Theeyanur, Bogalur Union, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the fourth respondent dated 10.09.2019 in Na.Ka.No.2923/Aa4/2018 and quash the same and to direct the respondents 1 to 5 to pay the salary for the period from 02.03.1998 to 01.06.2003 to the petitioner and to pay the other benefits namely selection grade etc.
For Petitioner :
Mr.K.Vadivelu For Respondents :
Mr.T.Amjadkhan Government Advocate for R1 to R5
O R D E R
This Writ Petition has been filed to call for the records relating to the impugned order passed by the fourth respondent dated 10.09.2019 in Na.Ka.No.2923/Aa4/2018, quash the same and to direct the respondents 1 to 5 to pay the salary for the period from 02.03.1998 to 01.06.2003 to the petitioner and to pay the other benefits, namely, selection grade etc.
2. The learned counsel appearing for the petitioner submitted that that the petitioner was appointed as Secondary Grade Teacher on 02.03.1998. After completion of Child Psychology Training, his appointment was approved by the fourth respondent on 02.06.2003 for the time scale of pay of Rs.4500-125-7000. However, the grievance of the petitioner is that the petitioner is entitled from the date of initial appointment, i.e., on 02.03.1998.
3. The learned Government Advocate appearing for the respondents 1 to 5 submitted that a retired teacher or a working teacher is eligible for monetary benefits only after the completion of the Child Psychology Training. However, in the instant case, the petitioner has completed the said Training only in the year 2003. Therefore, he is not eligible for the said benefits from 02.03.1998 to 31.05.2003.
4. Considering the submissions made by the learned Government Advocate for the respondents 1 to 5, I find no reason to interfere with the impugned order. However, this Court is inclined to grant liberty to the
petitioner to file fresh application for selection grade pay on completion of ten years from 02.06.2003, since the appointment of the petitioner has been approved on 02.06.2003.
5. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous petition is closed. 06.12.2022 Index : Yes / No Speaking Order : Yes / No vji
To
1. The Secretary to Government, The State of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Ramnad,
4. The District Educational Officer, Paramakudi,
5. The Block Educational Officer, Bogalur Union,
6. The Correspondent, Idartheeamman Elementary School, Theeyanur, Bogalur Union,
M.DHANDAPANI,J.
vji and W.M.P.(MD)No.2075 of 2020 06.12.2022