← Library
Madras High CourtWP(MD)/8388/2024disposed of

C.Rajendra Mohana v. The Government Of Tamil Nadu

2024-04-02Honourable Ms Justice R.N.Manjula8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.8388 of 2024 C.Rajendra Mohana .. Petitioner Vs.

1. The Government of Tamil Nadu, Rep by its Principal Secretary, Department of School Education, Fort. St. George, Secretariat, Chennai - 9.

2. The Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai 600 006.

3. The Joint Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai 600 006.

1/8

4. The Chief Educational Officer, Nagercoil, Kanyakumari District.

5. The Correspondent, Plus XI Higher Secondary School, Thoothoor, Kanyakumari District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to extend notional benefits of G.O.(2D) No.7 School Education Dept. dated 23.02.2012 to the petitioner fixing the scale of pay in the cadre of secondary Grade Teacher time scale of pay applicable to vocational instructor Grade II with effect from 20.09.1996 and the time scale of pay in the Grade of B.T. Assistant Scale of Pay of the vocational instructor Grade I with effect from 10.06.2002 with monetary benefits from 08.07.2004 and to confer all other consequential benefits to the petitioner within a time limit to be fixed by this Court.

For Petitioner : Mr.R.Thangasamy For Respondents : Mr.M.Sarangan Additional Government Pleader 2/8

ORDER

This petition has been filed for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to extend notional benefits of G.O.(2D) No.7 School Education Dept. dated 23.02.2012 to the petitioner fixing the scale of pay in the cadre of Secondary Grade Teacher time scale of pay applicable to the vocational instructor Grade II with effect from 20.09.1996 and the time scale of pay in the Grade of B.T. Assistant Scale of Pay of the vocational Instructor Grade I with effect from 10.06.2002 with monetary benefits from 08.07.2004 and to confer all other consequential benefits to the petitioner within a time limit to be fixed by this Court.

2. Heard Mr.R.Thangasamy, learned counsel appearing for the petitioner and Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.

3/8

4. The petitioner was appointed as part time vocational instructor in the 5th respondent educational institution. Thereafter she has been promoted to the post of Grade-II Vocational Instructor with effect from 10.06.2002 vide order dated 16.02.2005 passed by the District Education Officer, Kuzhithurai and she has been given time scale applicable for BT Assistant and the monetary benefit for the said post has been allowed with effect from 08.07.2004.

5. Mr.R.Thangasamy, learned counsel appearing for the petitioner submitted that the similarly placed persons like the petitioner has already been given monetary benefit with effect from 08.07.2004 in pursuant to the Government Orders viz., G.O(2D)No.7 dated 27.03.2012, G.O(2D)No.159 dated 13.11.2015 and G.O(2D)No.3 dated 11.02.2021. The petitioner sent a representation in this regard to the respondents. But so far the said representation has not been considered.

4/8

6. The petitioner also fulfils the same condition on which the other persons got benefit of the above said Government Orders issued for granting monetary benefit from 08.07.2004, the same shall be considered the case of the petitioner as well.

7. In view of the above this writ petition is disposed of. The respondents 1 to 4 shall consider and pass orders in accordance with law on its own merits and in accordance with the judicial pronouncements made in this regard. No Costs.

02.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To

1. The Principal Secretary, Government of Tamil Nadu, Department of School Education, Fort. St. George, 5/8

Secretariat, Chennai - 9.

2. The Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai 600 006.

3. The Joint Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai 600 006.

4. The Chief Educational Officer, Nagercoil, Kanyakumari District.

6/8

7/8

R.N.MANJULA , J.

PJL W.P.(MD)No.8388 of 2024 02.04.2024 8/8