J.Mercy Evangeline, v. The District Educational

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.8659 of 2019 J.Mercy Evangeline ... Petitioner vs.

1.The District Educational Officer, Tuticorin District at Pudukottai, Tuticorin - 628 103.

2.The Block Educational Officer II, Srivaikundam - 628 601, Tuticorin District.

3.Hindu Adi Dravida Middle School, rep.by its Secretary, Sivakalai - 628 753, Tuticorin District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent herein to consider and pass orders on the petitioner's representation dated 20.02.2019 seeking to sanction incentive increments for M.A. Degree from May, 2010 onwards and for B.Ed Degree from May, 2014 onwards within a reasonable time as may be specified by this Court.

For Petitioner : Mr.E.V.N.Siva For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the first respondent to sanction incentive increments for M.A., and B.Ed., Degrees from May, 2010 and May, 2014 onwards respectively, based on the petitioner's representation dated 20.02.2019. 2.Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

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3.The case of the petitioner is that she is working in the third respondent school as a Secondary Grade Teacher. After appointment, she acquired M.A., and B.Ed., Degrees, for which, she is entitled to get incentive increments. Since such benefit has not been granted to the petitioner, she made a representation dated 20.02.2019 and the same has not been considered so far by the respondents. Hence, this writ petition has been filed. 4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner's representation would be considered on merits and appropriate orders be passed.

5.In view of the above submission, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 20.02.2019, seeking to grant incentive increments 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 affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) mj To 1.The District Educational Officer, Tuticorin District at Pudukottai, Tuticorin - 628 103.

2.The Block Educational Officer II, Srivaikundam - 628 601, Tuticorin District.

3.The Secretary, Hindu Adi Dravida Middle School, Sivakalai - 628 753, Tuticorin District.

+1CC TO MR.E.V.N.SIVA, Advocate Sr. No. 60515 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 60613 W.P(MD) No.8659 of 2019 10.04.2019 NRK(CO) TR (02.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/