Madras High CourtWP(MD)/6063/2019allowed

M.Manoharan, S/O.M.Madakkannu v. The Government Of Tamilnadu

2019-04-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.6063 of 2019 M.Manoharan ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Department of Education, St George Fort, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 9.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the 4th respondent to grant selection grade of pay scale to the petitioner with effect from 20.02.2016 based on the order passed by this Court in WP(MD)No.5678 of 2014 dated 04.06.2014 by this Court. For Petitioner : Mr.S.Chellapandian For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

This writ petition has been filed seeking to direct the 4th respondent to grant selection grade of pay scale to the petitioner with effect from 20.02.2016, based on the order passed by this Court in WP(MD)No.5678 of 2014 dated 04.06.2014. 2.The learned Counsel for the petitioner submitted that seeking selection grade pay, the petitioner earlier filed WP(MD) No.5678 of 2014, wherein this Court by order dated 04.06.2014, directed the respondents therein, to grant selection grade pay to the petitioner with effect from 20.02.2006. Challenging the said order, the Government has filed appeal in WA(MD)No.1426 of 2014, which came to be dismissed by this Court on 01.08.2017. However, https://hcservices.ecourts.gov.in/hcservices/

till date, the petitioner has not been paid with the selection grade pay. Aggrieved against the inaction on the part of the respondents, in granting the selection grade pay, the petitioner is before this Court on a second innings.

3.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the case of the petitioner would be considered by respondents within a time stipulated by this Court.

4.In view of the above, this Court directs the respondents to consider the claim of the petitioner, in the light of the order passed by this Court in WA(MD)No.1426 of 2014, on 01.08.2017 and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) dsk To 1.The Secretary to Government of Tamil Nadu, Department of Education, St George Fort, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 9.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

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

+1CC TO MR.S.CHELLA PANDIAN, Advocate Sr. No. 59520 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 59580 ORDER MADE IN WP(MD)No.6063 of 2019 05.04.2019 TR(CO) TR (31.05.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/