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Madras High CourtWP(MD)/7172/2018disposed of

V.Raghuraman, v. The District Elementary

2018-04-03Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.7172 of 2018 V.Raghuraman ... Petitioner Vs.

1.The District Elementary Educational Officer, Ramanathapuram District.

2.The Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District.

3.Bharathiar Middle School, rep. by its Secretary, Paramakudi, Ramanathapuram District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent herein to disburse a sum of Rs.1,77,793/- (Rupees One Lakh Seventy Seven Thousand and Seven Hundred and Ninety Three Only) towards arrears of incentive increments to the petitioner for acquiring higher qualification of Post Graduate Diploma in Yoga from 27.05.2008 based on the proposal submitted by the 3rd respondent school dated 06.12.2007 and also by considering petitioner's final representation dated 01.03.2018.

For Petitioner : Mr.E.V.N.Siva For Respondents : Mrs.S.Srimathy, Spl.G.P.

1 and 2 For RR1 and 2

O R D E R

The prayer sought for in this writ petition is for a writ of Mandamus, directing the 1st respondent herein to disburse a sum of Rs.1,77,793/- (Rupees One Lakh Seventy Seven Thousand and Seven Hundred and Ninety Three Only) towards arrears of incentive increments to the petitioner for acquiring higher qualification of Post Graduate Diploma in Yoga from 27.05.2008 based on the proposal submitted by the 3rd respondent school dated 06.12.2007 and also by considering petitioner's final representation dated 01.03.2018. 2.Heard Mr.E.V.N.Siva, learned counsel appearing for the petitioner and Mrs. S.Srimathy, learned Special Government Pleader appearing for the respondents 1 and 2.

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3.The grievance of the petitioner is that though he was entitled to get incentive increment for his acquiring higher qualification i.e. P.G.Diploma in Yoga from 27.05.2008 and though the said increment was sanctioned, the amount was not disbursed inspite of the proposal was sent by the third respondent school on 06.12.2017. The petitioner also in this regard has made a representation on 01.03.2018 to the first and second respondents. 4.The learned counsel appearing for the petitioner would submit that if the said representation of the petitioner in the light of the proposal sent by the third respondent school is considered and an order to that effect is passed, the petitioner would be satisfied.

5.I have heard the learned Special Government Pleader also in this regard.

6.In view of the limited prayer sought for by the petitioner through the learned counsel, this writ petition is disposed of at the admission stage, with the consent of both sides, with the following direction.

7.The petitioner's representation dated 01.03.2018 with regard to the disbursement of incentive increment as per the proposal submitted by the third respondent school dated 06.12.2017 shall be considered and an order to that effect shall be passed on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

8.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Elementary Educational Officer, Ramanathapuram District.

2.The Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District.

+1cc to Special Government Pleader, SR.No. 59660 +1cc to M/S.E.V.N.Siva, Advocate SR.No. 59424 W.P(MD)No.7172 of 2018 03.04.2018 https://hcservices.ecourts.gov.in/hcservices/ arul JM/SKN RSK/SAR 3/11.04.2018/2P/5C