v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.19301 of 2014 E.Stella Rathnavathi .. Petitioner Vs.

1.The State of Tamil Nadu, Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

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

3.The District Elementary Educational Officer, Tirunelveli.

4.The Additional Assistant Elementary Educational Officer, Keelapavur Range, Tirunelveli District.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to revise and approve the appointment of the petitioner from 13.04.1998 as Primary School Head Master and pay salary of Secondary Grade Teacher in the post of Headmaster for a period of five years and thereafter to get salary applicable to the post of Primary School Head master from 13.04.2003 with arrears in the light of the orders passed by 1st Respondent in G.O. (3D).No.117, dated 11.09.2012 and G.O.(3D). No.82, dated 29.06.2010 of School Education (B1) Department based on the representation dated 25.07.2014.

For Petitioner : Mr. F.Deepak For Respondents : Mr. N.S. Karthikeyan Additional Government Pleader ***

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to revise and approve the appointment of the petitioner from 13.04.1998 as Primary School

Head Master and pay salary of Secondary Grade Teacher in the post of Headmaster for a period of five years and thereafter to get salary applicable to the post of Primary School Head master from 13.04.2003 with arrears in the light of the orders passed by the first respondent in G.O.(3D).No.117, School Education (B1) Department, dated 11.09.2012 and G.O.(3D) No.82, School Education (B1) Department, dated 29.06.2010 and based on the representation of the petitioner dated 25.07.2014.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3.Considering the limited scope of the prayer in this Writ Petition, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions: The third respondent is directed to consider the representation of the petitioner dated 25.07.2014 and forward his recommendation to the second respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of such recommendation from the third respondent, the second respondent shall send his proposals / recommendations to the first respondent within a period of four weeks thereafter and the first respondent shall consider the case of the petitioner in the light of the Government Order passed in the case of similarly placed persons on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of the proposals / recommendations from the second respondent.

4.With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

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

3.The District Elementary Educational Officer, Tirunelveli.

4.The Additional Assistant Elementary Educational Officer, Keelapavur Range, Tirunelveli District.

+1CC to M/S.F.Deepak, Advocate, SR.No. 16230 ORDER MADE IN W.P.(MD).No.19301 of 2014 20.03.2017 SRM AM/KP/SAR-4/17.04.2017/3P/6C