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Madras High CourtWP(MD)/16236/2015disposed of

T.Padmavathi, v. The State Of Tamil Nadu,

2019-03-05Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.16236 and 16237 of 2015 T.Padmavathi ... Petitioner in WP(MD)No.16236 of 2015 S.Vijagappan ... Petitioner in WP(MD)No.16237 of 2015 Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Secretariat, Fort Saint George, Chennai - 600 18.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

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

... Respondents No.1 to 3 in both Wps 4.The Additional Assistant Elementary Educational Officer, Alwarthirunagari at Thenthirupperai, Tuticorin District.

5.The Secretary, Hindu Primary School, Keeranur, Alwarthirunagar Union, Tuticorin District.

... Respondents Nos.4 & 5 in WP(MD)No.16236 of 2015 4 The Assistant Elementary Educational Officer, Karunkulam Union, Tuticorin District.

5 Hindu Jayalakshmi Middle School, Kilakulam, Thathankulam - 628 622, Karunkulam union, Tuticorin District.

... Respondents Nos.4 & 5 in WP(MD).16237 of 2015 6.The Principal Accountant General, Office of the Principal Accountant General (Accounts & Entitlement), 361, Anna Salai, Teynampet, Chennai - 600 018.

... Respondent No.6 in both WPs

PRAYER in WP(MD)No.16236 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents to sanction annual increment to the petitioner for the service rendered by her for the period from 01.07.2012 to 30.06.2013 and consequently revise the retirement benefits and including pension based on the last increment sanctioned with arrears of salary by considering the representation submitted by the petitioner dated 30.05.2015, within a time frame to be fixed by this Court.

PRAYER in WP(MD)No.16237 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to sanction annual increment to the petitioner for the service rendered by him for the period from 01.07.2004 to 30.06.2005 and consequently revise the retirement benefits and including pension based on the last increment sanctioned with arrears of salary by considering the representation submitted by the petitioner dated 30.05.2015, within a time frame to be fixed by this Court.

For Petitioners : Mr.G.Sankaran For Respondent : Mrs.S.Srimathy, Nos.1 to 5 Special Government Pleader For Respondent : Mr.P.Gunasekaran No.6 in both WPs COMMON ORDER These writ petitions have been filed for a direction to the respondents to sanction annual increment to the petitioners and consequently, to revise the retirement benefits by considering their respective representations.

2. The learned Counsel for the petitioners submitted that the petitioners are before this Court, due to non-consideration of their representations submitted on 30.05.2015, requesting for grant of annual increment and consequential revision of retirement benefits thereon. The petitioners also relied on GO(Ms)No.311 Finance (CMPC) Department, dated 31.12.2014, in support of their claims.

3.The learned Special Government Pleader appearing for the respondent Nos. 1 to 5 submitted that the grievances of the petitioners would be considered, on merits.

4.Under such facts and circumstances, this Court, without going into the merits of the cases, directs the 3rd respondent to consider the petitioners' respective representations dated 30.05.2015, on merits and in accordance with law and also in line with GO(Ms)No.311 Finance (CMPC) Department, dated 31.12.2014 and pass appropriate orders, after affording opportunity of hearing to

the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. The petitioners are permitted to produce the judgments, which support their claim, before the 3rd respondent for consideration.

6.These writ petitions are disposed of, with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, School Education Department, Secretariat, Fort Saint George, Chennai - 600 18.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

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

4.The Additional Assistant Elementary Educational Officer, Alwarthirunagari at Thenthirupperai, Tuticorin District.

5.The Assistant Elementary Educational Officer, Karunkulam Union, Tuticorin District.

6.The Secretary, Hindu Primary School, Keeranur, Alwarthirunagar Union, Tuticorin District.

7.Hindu Jayalakshmi Middle School, Kilakulam, Thathankulam - 628 622, Karunkulam union, Tuticorin District.

8.The Principal Accountant General, Office of the Principal Accountant General (Accounts & Entitlement), 361, Anna Salai, Teynampet, Chennai - 600 018. +1CC TO MR.F.DEEPAK, Advocate Sr. No.52010 +2CC TO MR.P.GUNASEKARAN, Advocate Sr. No. 52127 & 52125 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 52266 WP(MD)No.16236 and 16237 of 2015 05.03.2019 TR (16.04.2019) 4P 13C