Dr.Sabesh Manikandan.M v. The Joint Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Dr.M.Sabesh Manikandan ... Petitioner Vs.

1.The Joint Director of Collegiate Education, Madurai Region, Vaithiyanadhayyar Street, Shenoy Nagar, Madurai-20.

2.The Secretary, 3.The Principal, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to provide annual increments from the year 2016 and grade pay to the petitioner and refix the scale of pay of the petitioner along with arrears within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.P.Subbaraj Government Advocate

ORDER

The petitioner has filed this writ petition for a direction to the respondents 1 & 2 to provide annual increments from the year 2016 and grade pay to the petitioner and refix the scale of pay of the petitioner along with arrears within the time period stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

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3. The petitioner is working as Assistant Professor (Economics) in the third respondent college. A disciplinary proceeding was initiated against him. According to the petitioner, he challenged the same by filing writ petition in W.P(MD)No.7922 of 2015. This Court, by order, dated 16.10.2020, disposed of the writ petition. Aggrieved by the observations made in the order, dated 16.10.2020, the petitioner filed Writ Appeal in W.A(MD)No.306 of 2021. The Division Bench of this Court, by order, dated 12.02.2021, granted an interim order of Stay and Injunction. In the meantime, the respondents did not grant annual increment and Grade Pay to the petitioner from the year 2016. The petitioner has made various representations and finally on 09.06.2021 to the respondents. But, the same were not considered. Hence, the petitioner has come out with the present writ petition.

4. Considering the nature of relief sought for in the Writ Petition, without deciding the issue on merits, it is suffice to direct the first respondent to consider the representation of the petitioner, dated 09.06.2021 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Joint Director of Collegiate Education, Madurai Region, Viathiyanadhayyar Street, Shenoy Nagar, Madurai-20.

2.The Secretary, 2/3

3.The Principal, +1 CC to M/s.T.LAJAPATHIROY, Advocate ( SR-19639[F] dated 18/06/2021 ) +1 CC to M/s.SPL GP ( SR-19754[F] dated 21/06/2021 ) 18.06.2021 AS(28.06.2021) P 6C 3/3