Madras High CourtWP(MD)/11419/2019disposed of

K.Vasumathi v. The Secretary To Government

2019-04-30Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)Nos.11419 to 11423 of 2019 K.Vasumathi ... Petitioner in WP(MD).11419 of 2019 S.K.Vatsala ... Petitioner in WP(MD).11420 of 2019 K.RAMAKRISHNAN ... Petitioner in WP(MD).11421 of 2019 M.N.Mayooranathan ... Petitioner in WP(MD).11422 of 2019 R.S.Krishnamurthy ... Petitioner in WP(MD).11423 of 2019 Vs.

1.The Secretary to Government of Tamil Nadu, Department of Finance (Pay Cell), Secretariat, Fort St.George, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai.

3.The Director of School Education (Higher Secondary) College Road, Chennai - 600 006.

4.The Chief Educational Officer, Trichy District.

5.The District Educational Officer, Trichy District.

... Respondents COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to extend the benefits of GO.Ms.No.216, Finance (PC) Department dated 22.03.1993 in the light of the orders passed by the Hon'ble Division Bench of this Court in WP(MD)No.8747 of 2009 dated 14.07.2009 confirmed by the Hon'ble Apex Court in CC No.2746 of 2010 dated 23.04.2010 and in the light of GO.Ms.No.258, Education (M1) Department Dated 06.09.2010 and GO.Ms.No.284, Education (M1) Department Dated 30.09.2010 and accordingly to award selection / special grade scale of pay with effect from 01.06.1988 and to pay revision of pensionary benefits and arrears to the petitioners on the basis of his representation dated 16.02.2019, 14.02.2019 and 20.02.2019 respectively.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mrs.S.Srimathy, Special Government Pleader COMMON ORDER Seeking a writ of Mandamus, to direct the respondents to extend the benefits of GO.Ms.No.216, Finance (PC) Department dated 22.03.1993 in the light of the orders passed by this Court in WP (MD)No.8747 of 2009 dated 14.07.2009 and also the order of the Hon'ble Apex Court in CC No.2746 of 2010 dated 23.04.2010 and in the light of GO.Ms.No.258, Education (M1) Department Dated 06.09.2010 and GO.Ms.No.284, Education (M1) Department Dated 30.09.2010 and accordingly to award selection / special grade scale of pay with effect from 01.06.1988 and to pay revision of pensionary benefits and arrears to the petitioners on the basis of their representations dated 16.02.2019, 14.02.2019 and 20.02.

2019 respectively, these writ petitions have been filed. 2.Heard the learned Counsel appearing for the petitioners and the learned Special Government Pleader, who takes notice for the respondents. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself.

3.The learned Counsel for the petitioners submitted that the petitioners relying on the order of this Court in WP(MD)No.8747 of 2009 dated 14.07.2009 and the order of the Hon'ble Apex Court in CC No.2746 of 2010 dated 23.04.2010, submitted their representations, seeking to extend the benefits of GO.Ms.No.216, Finance (PC) Department dated 22.03.1993 to the petitioners. However, the representations of the petitioners have not been considered by the respondents so far. Hence, the petitioners are before this Court. 4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the representations of the petitioners would be considered on merits and in accordance with law by the respondents.- 5.

In view of the above submission made by the learned Counsel on either side, without going into the merits of the case, this Courts directs the respondents to consider the petitioners' respective representations dated 16.02.2019, 14.02.2019 and 20.02.2019 on merits and in accordance with law and also in the light of the orders of this Court and Hon'ble Apex Court and the Government Orders cited supra and pass necessary orders, after affording opportunity of hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) dsk To 1.The Secretary to Government of Tamil Nadu, Department of Finance (Pay Cell), Secretariat, Fort St.George, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai.

3.The Director of School Education (Higher Secondary) College Road, Chennai - 600 006.

4.The Chief Educational Officer, Trichy District.

5.The District Educational Officer, Trichy District.

+1CC TO MR.P.GANAPATHI SUBRAMANIAN, Advocate Sr. No.64536 TO 64540 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.64881 ORDER MADE IN WP(MD)Nos.11419 to 11423 of 2019 30.04.2019 KMV(CO) TR (14.06.2019) 3P 12C