R.Joseph Leema Rosaline v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8822 of 2018 R.Joseph Leema Rosaline

...Petitioner

-Vs1.The Director of School Education, Chennai-6.

2.The Chief Educational Officer, Kanchipuram District.

3.The Headmaster, Government, Boys Higher Secondary School, Chrompet, Chennai.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to sanction the incentive increment for the higher qualification of M.Phil., to the petitioner as per G.O.Ms.No.324 Education Science and Technology Department dated 25.04.1995.

For Petitioners : Mr.V.Panneer Selvam For Respondents : Mr.K.Saravanan Government Advocate

ORDER

The prayer sought for in this Writ Petition is for a writ of Mandamus, to direct the respondents to sanction the incentive increment for the higher qualification of M.Phil., to the petitioner as per G.O.Ms.No.324, Education Science and Technology Department, dated 25.04.1995.

2.Heard Mr.V.Panneer Selvam, learned counsel, appearing for the petitioners, and Mr.K.Saravanan, learned Government Advocate, appearing for the respondents.

3.According to the learned counsel for the petitioner that the petitioner was working as Physical Education Teacher in a Government High School, Pattukkottai and during his service, he

had acquired additional qualification of M.P.Ed and M.Phil in Physical Education. For the said additional qualification of M.P.Ed., the petitioner was granted with one set of incentive increment. However, for acquiring the additional qualification of M.Phil., in the year 2008 in the field of Physical Education and Sports and Science in first clause, the petitioner even though had made request for grant of incentive increment, the same was not sanctioned. Therefore, the learned counsel for the petitioner would submit that since the relevant Government Order is in favour of the petitioner for consideration of grant of incentive increment for the additional qualification acquired by the petitioner, in this regard the petitioner has been giving representation from 2012 on wards and nothing was forthcoming from the respondents, if his last representation, dated 20.10.2017, is directed to be considered by the respondent and order to that effect is directed to be passed, the petitioner would be satisfied.

4.I have heard the learned Government Advocate appearing for the respondents, who would submit that the petitioner's representation, dated 20.10.2017 for grant of incentive increment, would be considered by the respondents and appropriate orders would be passed to that effect within a time frame to be stipulated by this Court.

5.Considering the said submission made on both sides, this Writ Petition is disposed of with the following direction:- "that the first respondent is directed to consider the representation of the petitioner, dated 20.10.2017 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, in the light of G.O.Ms.No.324, Education Science and Technology Department, dated 25.04.1995 and pass orders thereon." No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Director of School Education, Chennai-6.

2.The Chief Educational Officer, Kanchipuram District.

3.The Headmaster, Government, Boys Higher Secondary School, Chrompet, Chennai.

Ta KK/RSK/SAR 3/18/05/2018/3P/4C W.P.(MD)No.8822 of 2018 20.04.2018