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Madras High CourtWP(MD)/6676/2025disposed of

K.Kannappan v. The State Of Tamil Nadu

2025-03-18Honourable Mr. Justice Battu Devanand7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND W.P.(MD)No.6676 of 2025 K.Kannappan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai -9 2.The Director of School Education, O/o. The Directorate of School Education, DPI Compound, College Road, Chennai.

3.The Chief Educational Officer, O/o. the Chief Educational Office, Sivagangai, Sivagangai District.

4.The District Educational Officer, O/o.The District Educational Office, Sivagangai, Sivagangai Distict.

5.The Secretary, Mannar Higher Secondary School, Sivagangai, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 4th respondent to

consider the proposal dated 30.01.2025 of the 5th respondent to step up the pay of the petitioner on par with his junior w.e.f., 13.07.2017 in pursuance to the representation dated 26.02.2025 within the period that may be stipulated by this Court.

For Petitioners : Mr.A.Nawazkhan For R1 to R4 : Mr.M.Siddharthan Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the fourth respondent to consider the proposal dated 30.01.2025 of the fifth respondent to step up the pay of the petitioner on par with his junior w.e.f., 13.07.2017 in pursuance to the representation dated 26.02.2025 within the period that may be stipulated by this Court.

2. Heard the learned counsel for the petitioner and Mr.Siddharthan, learned Additional Government Pleader for the respondents and perused the materials available on record.

3.The petitioner is working as P.G Assistant (Botany) in the fifth respondent school. The petitioner submitted a representation to the respondents on 05.02.2020 to re-fix the scale of pay by awarding Selection Grade in the cadre of P.G Assistant by calculating his service rendered as B.T.Assistant (Selection Grade). As there was no response from the respondents, he filed WP(MD)No.3995 of 2020 and the same was disposed of by this Court vide order dated 27.02.2020 with a direction to the first respondent therein to consider the representation of the petitioner dated 05.02.2020 on its own merits and pass appropriate orders within a period of eight weeks from the date of receipt of copy of the order. Thereafter, the fifth respondent submitted a proposal to the fourth respondent through proper channel on 13.10.

2021 requesting to clarify and rectify the pay anomaly between the senior and junior working in the same cadre in the school. Till then, the issue of the said revised anomaly has been under the correspondence of the respondents 4 and 5 for more than five years. The petitioner has been made to run from pillar to post. All the efforts taken by him have ended in vain. Having no option, the petitioner approached this Court by filing this writ petition.

4. The learned Additional Government Pleader, on instructions, would submit that the proposal sent by the fifth respondent was received on 03.02.2025 by the fourth respondent and it is pending.

5. Having considered the facts and circumstances of the case and the submissions of the learned Additional Government Pleader, it appears that the proposal sent to rectify the anomaly on par with his junior is pending with the respondents 4 and 5 for certain clarifications. However, considering the fact that now the proposal is with the fourth respondent, in the considered opinion of this Court, interest of justice would be met by directing the fourth respondent to consider the proposal received on 03.02.2025 within a stipulated time.

6. Accordingly, this writ petition is disposed of with a direction to the fourth respondent to consider the proposal received on 03.02.2025 from the fifth respondent to step up the pay of the petitioner on par with his junior with effect from 13.07.2017 within a period of two weeks from the date of receipt of a copy of this order and communicate the same to the petitioner and the fifth respondent.

7. It is made clear that the respondents need not wait till the receipt of the physical copy of the order from the Registry. A copy down loaded from the official web-site of this Court submitted to the respondents by the learned counsel for the petitioner is proper service of the order of this Court.

There shall be no order as to costs.

18.03.2025 NCC : Yes/No Index : Yes/No Internet : Yes CM

To 1.The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai -9 2.The Director of School Education, O/o. The Directorate of School Education, DPI Compound,College Road, Chennai.

3.The Chief Educational Officer, O/o. the Chief Educational Office, Sivagangai, Sivagangai District.

4.The District Educational Officer, O/o.The District Educational Office, Sivagangai, Sivagangai Distict.

5.The Secretary, Mannar Higher Secondary School, Sivagangai, Sivagangai District.

BATTU DEVANAND, J.

CM W.P.(MD)No.6676 of 2025 Dated : 18.03.2025