Madras High CourtWP(MD)/15681/2018disposed of

J.Sushma Ammani Rebecca v. The Government Of Tamilnadu

2018-07-19Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD).No.15681 of 2018 J.Sushma Ammani Rebecca .. Petitioner Vs.

1. The Government of Tamilnadu Rep. by Secretary to Government Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer The Office of the Chief Educational Officer Ramanathapuram, Ramanathapuram District.

4. The District Educational Officer, The Office of the District Educational Officer, Ramanathapuram Ramanathapuram District.

5. The Correspondent St. Andrews Girls Higher Secondary School Ramanathapuram, Ramanathapuram District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd and 4th respondent to consider the petitioner's representation dated 09.05.2018 and to give earlier increment salary w.e.f. 01.02.2014 on the light of proceedings given by 2nd respondent under Na.Ka.No.19850/C5/E2/2014, dated 08.11.2017 within stipulated period with all benefits.

For Petitioner : Mr. V.Rajesh Kumar For Respondents : Mr. M.Murugan Government Advocate

O R D E R

The Prayer sought for in this Writ Petition is to issue a Writ of Mandamus directing the respondents 3 & 4 to consider the petitioner's representation dated 09.05.2018 and to give earlier increment salary w.e.f. 01.02.2014 in the light of the proceedings given by 2nd respondent under Na.Ka.No.19850/C5/E2/2014, dated 08.11.2017 within stipulated period with all benefits.

2. Heard Mr.V.Rajesh Kumar, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3. The learned Counsel appearing for the petitioner would submit that, the petitioner has been working as BT Assistant at St. Andrews Girls Higher Secondary School at Ramanathapuram. Though the petitioner is entitled for regular increment, the said increment has not been given to the petitioner from 2014 onwards without any reason and therefore, in order to get the said increment, the petitioner has given a detailed representation to the respondents on 09.05.2018. Therefore, the learned Counsel for the petitioner would submit that, if the said representation is directed to be considered by the respondents 3 and 4 and an order to that effect is directed to be passed within a specified time frame that may be fixed by this Court, the petitioner would be satisfied.

4. I have heard Mr.M.Murugan, learned Government Advocate appearing for the respondents, who would submit that the said representation of the petitioner dated 09.05.2018 would be considered by the respondents 3 and 4 on merits and in accordance with law and orders to that effect would be passed within a period that may be fixed by this Court.

5. Considering the limited scope of the prayer and the submission made by learned Government Advocate, this Court is inclined to pass the following order :

"that the respondents especially respondents 3 and 4 are directed to consider the representation of the petitioner dated 09.05.2018, on merits and in accordance with law, with regard to the grievance of the petitioner for increment from 2014 onwards and pass orders therein, within a period of six weeks from the date of receipt of a copy of this order."

6. With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To