R.Muthunesam v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2017

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1649 of 2017 R.Muthunesam ... Petitioner -vs1.

The District Elementary Educational Officer, Madurai.

2.

The Additional Assistant Educational Officer, T.Vadipatti, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent to grant ordinary increments to the petitioner, which should have been granted on 01.10.2015, 01.10.2016 and Selection Grade by considering her representation dated 19.12.2016. For Petitioner :

Mr.R.Satish For Respondents :

Mr.M.Rajarajan Govt. Advocate

O R D E R

This writ petition has been filed, seeking to direct the 2nd respondent to grant ordinary increments to the petitioner, which should have been granted on 01.10.2015, 01.10.2016 and Selection Grade by considering her representation dated 19.12.2016.

2. According to the petitioner, for the year 2015 and 2016, though the date of ordinary increment fell on 01.10.2015 and 01.10.2016 respectively, the same has not been granted to her; that she has completed ten years of service as Tamil Pandit Head Master on 27.11.2016 and that though she has made a detailed representation to the 2nd respondent on 19.12.2016, no action has been taken on the same and hence, the petitioner is before this Court with the relief stated supra.

3. Though the petitioner sought for a mandamus for grant of ordinary increments, at the time of argument, she has restricted her relief to the extent of consideration of her representation https://hcservices.ecourts.gov.in/hcservices/

dated 19.12.2016 by the 2nd respondent.

4. Learned Government Advocate appearing for the respondents would submit that the second respondent is prepared to consider the representation of the petitioner and to pass suitable orders on the same.

5. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the representation dated 19.12.2016, submitted by the petitioner and to pass appropriate orders thereon on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order, if there is no legal impediment to do so.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:

1.

The District Elementary Educational Officer, Madurai.

2.

The Additional Assistant Educational Officer, T.Vadipatti, Madurai District.

+1 cc to MR.R.SATISH, Advocate SR.No.5295 W.P.(MD) No.1649 of 2017 01.02.2017 SMA/BS/03.03.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/