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Madras High CourtWP(MD)/670/2018allowed

Francis v. The District Educational

2018-01-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.670 of 2018 Francis ... Petitioner Vs.

1.The District Educational Officer, Tenkasi, Tirunelveli District.

2.The Corresspondent, Punitha Yovan Higher Secondary School, Vadiyur, V.K.Pudur Taluk, Tirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to consider and pass orders on the written requisition of the second respondent dated 03.01.2018 for approving permitted salary increment per year for 01.07.2013, 01.07.2014, 01.07.2015, 01.07.2016 & 01.07.2017 and to re-fix salary on par with VII Pay Commission on the basis of the above increments to the petitioner for his post BT Assistant (Science) in the second respondent school within a time frame.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.J.Gunaseelan Muthiah for R1 Additional Government Pleader : No Appearance for R2 ****

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties the main writ petition is taken up for final disposal.

3.The petitioner is working in the second respondent/school as B.T. Assistant in Science. The grievance of the petitioner is that he has not been given annual salary increment. In this regard, the second respondent has already forwarded a proposal on 03.01.2018 to the first respondent. The petitioner wants the first respondent to pass orders in accordance with law on the said proposal. The first respondent is directed to pass orders in accordance with law on the https://hcservices.ecourts.gov.in/hcservices/

requisition of the second respondent dated 03.01.2018, seeking approval of annual salary increment for the petitioner. The first respondent shall pass such an order within a period of four weeks from today. This Court has not expressed any opinion on the petitioner's entitlement.

4.The Writ Petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The District Educational Officer, Tenkasi, Tirunelveli District.

+One cc to Mr.D.Venkatesh, Advocate, SR.No.45060 tsg RL/3C/2P/KK/SAR1/20/2/2018 W.P.(MD) No.670 of 2018 30.01.2018 https://hcservices.ecourts.gov.in/hcservices/