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Madras High CourtWP(MD)/7132/2024disposed of

Stalin.K v. The Director Of Elementary Education

2024-03-22Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.6599 of 2024 K.Stalin ... Petitioner Vs.

1.The Director of Elementary Education, College Road, Chennai-600 006.

2.The Chief Educational Officer, Sivagangai, Sivagangai District.

3.The District Elementary Educational Officer, Sivagangai, Sivagangai District.

4.The Block Elementary Educational Officer-1, Thirubhuvanam, Sivagangai District.

5.Thesiya Mukkulathore School, Represented by its Secretary, Oodathoor, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents herein to sanction and award forthwith Special Grade to the petitioner in the post of 1/6

Primary School Headmaster service rendered beyond 33 years stagnated in the same post (from 21.04.1967 to 31.05.2000) based on G.O(MS) No.562 Finance (PC) Department date 28.10.1998.

For Petitioner : Mr.K.Prabhu For R1 - R4 : Mr.M.Sarangan Additional Government Pleader

ORDER

The present writ petition has been filed seeking direction to the respondents to sanction and award forthwith Special Grade to the petitioner in the post of Primary School Headmaster service rendered beyond 33 years stagnated in the same post (from 21.04.1967 to 31.05.2000) based on G.O(MS) No.562 Finance (PC) Department date 28.10.1998.

2. Considering the nature of the leave to be granted, the issuance of notice to the 5th respondent is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner joined service as Headmaster on 21.04.1967 in the 5th respondent school. On completion of 10 years, he was awarded selection grade 2/6

with effect from 21.04.1977. On completion of further 10 years, he was given special grade pay with effect from 21.04.1987. On attaining the age of superannuation, he retired from service on 31.05.2000 and the respondents have paid the retirement benefits also. The petitioner requested the 5th respondent school to get him a bonus increment for stagnating in the same post beyond 30 years of service on the basis of G.O(Ms)No.562, dated 28.10.1998. Since there is no response, he had again sent an another representation on 28.09.2022 to the 3rd respondent through 4th respondent.

4. The 3rd respondent by proceedings, dated 00.10.2022 signed on 26.10.2022 forwarded the same to the 4th respondent to enquire in the matter and to submit the report within a week. In the meanwhile, the petitioner had submitted a representation to the Chief Minister cell on 01.08.2023 and the same was also forwarded to the 3rd respondent. The 3rd respondent vide proceedings, dated 00.08.2023 signed on 25.08.2023 asked the 4th respondent to submit the enquiry report within one week. Pursuant to the same, the 4th respondent vide proceedings, dated 00.12.2023 signed on 19.12.2023 asked the 5th respondent to submit the proposal for one bonus special grade. However, the 5th respondent had not acted upon. Hence, this writ petition came to be filed. 3/6

5. In view of the above, this Court hereby direct the 5th respondent to forthwith submit a proposal for one bonus special grade pertaining to the petitioner for stagnating in the same post beyond 30 years based on G.O(Ms)No.562 Finance (PC) Department, dated 28.10.1998 to the 3rd respondent within a period of three (3) weeks from the date of receipt of copy of this order and the 3rd respondent on receipt of the same, is further directed to forward the same to the 2nd respondent within a period of two (2) weeks thereafter, and the 2nd respondent on receipt of the same, is directed to pass appropriate orders in accordance with law within a period of four (4) weeks thereafter.

6. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 22.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg 4/6

To 1.The Director of Elementary Education, College Road, Chennai-600 006.

2.The Chief Educational Officer, Sivagangai, Sivagangai District.

3.The District Elementary Educational Officer, Sivagangai, Sivagangai District.

4.The Block Elementary Educational Officer-1, Thirubhuvanam, Sivagangai District.

5.The Secretary, Thesiya Mukkulathore School, Oodathoor, Sivagangai District.

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L.VICTORIA GOWRI, J.

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