C.Sundaraval Raj, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P(MD)No.6228 of 2019 C.Sundaravel Raj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009 2.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006 3.The District Educational Officer, Seranmahadevi, Tirunelveli District.

4.The Block Educational Officer, Kadayam Range.

Tirunelveli District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to sanction and pay forthwith on par with salary allowances and other attendant benefits to the Petitioner working as Secondary Grade Teacher with Graduate qualification on par with Graduate Teachers appointed in the Middle School section by upgrading the post of Secondary Grade Teacher in Vengatampatti Ksthiriyar Committee Middle School, Kadayam Range, Tirunelveli District with effect from 01.06.2006 based on the representation submitted by the petitioner 11.02.2017, with all consequential and other attendant benefits within the time fixed by this Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking a direction to the respondents to sanction and pay forthwith salary allowances and other attendant benefits to the petitioner, who was working as Secondary Grade Teacher with graduate qualification, on par with graduate teachers appointed in the Middle School by upgrading the

post of Secondary Grade Teacher in Vengatampatti Ksthiriyar Committee Middle School, Kadayam Range, Tirunelveli District with effect from 01.06.2006 based on his representation, dated 11.02.2017, within the time fixed by this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The grievance of the petitioner is that he was appointed to the post of Secondary Grade Teacher with B.Ed qualification on 03.09.1997. While so, as per the Government Order, the petitioner has requisite qualification with B.Ed., and he should be appointed as BT Assistant, but, he was allowed to continue only as Secondary Grade Teacher. Hence, the petitioner sent a representation to the respondents on 11.02.2017 to upgrade the post of Secondary Grade Teacher as BT Assistant and to absorb him as B.T Assistant and the same is pending without consideration. Therefore, the petitioner is before this Court seeking the above said relief. 4.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered and suitable orders will be passed. 5.

In view of the above, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the petitioner's representation, dated 11.02.2017 seeking to upgrade the post of Secondary Grade Teacher as B.T Assistant with effect from 01.06.2006, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar() ps To 1.The Principal Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai-600 009

2.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006 3.The District Educational Officer, Seranmahadevi, Tirunelveli District.

4.The Block Educational Officer, Kadayam Range.

Tirunelveli District.

+1. C.C. To Mr.F.Deepak Advocate SR.No.54270 +1. C.C. To Special Government Pleader SR.No.54615 W.P(MD)No.6228 of 2019 15.03.2019 TK/SAR- /29.04.2019/3P/7C