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Madras High CourtWP(MD)/15165/2024disposed of

Jegajeevanraj v. The Secretary

2024-07-09Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA Jegajeevanraj ... Petitioner Vs.

1.The Secretary, Department of School Education, Secretariat, St.George's Fort, Chennai - 600 009.

2.The Joint Director, (Personnel), Department of School Education, 17, DPI Complex, College Road, Nungambakkam, Chennai - 600 034.

3.The Accountant General (A&E), 361, Anna Salai, Teynampet, Chennai - 600 018.

4.The Chief Educational Officer, O/o.the Chief Educational Officer, Virudhunagar District, Virudhunagar.

5.The District Educational Officer (Secondary), O/o. District Educational Officer, Virudhunagar District, Virudhunagar.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to issue the relaxation order in favour of the petitioner, by considering the proposal of the fourth respondent, dated 15.02.2023 and 18.10.2023 and by considering the petitioner's representation dated 06.06.2024, within a time frame, as fixed by this Court.

For Petitioner : Mr.P.Santhana Krishnan For R-1 and R-2 : Mr.M.Siddharthan R-4 and R-5 Additional Government Pleader For R-3 : Mrs.S.Mahalakshmi

O R D E R

Heard Mr.P.Santhana Krishnan, learned counsel appearing for the petitioner, Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents 1, 2, 4 and 5 and Mrs.S.Mahalakshmi, learned counsel for the 3rd respondent.

2. This Writ Petition has been filed seeking direction against the respondents 1 and 2 to issue the relaxation order in favour of the petitioner, by considering the proposal of the fourth respondent, dated 15.02.2023 and 18.10.2023 and by considering the petitioner's representation dated 06.06.2024. 2/6

3. Mr.P.Santhana Krishnan, learned counsel appearing for the petitioner submitted that when the petitioner came to know about the grade pay to be fixed at Rs.5700/- as per the Government Letter No.63305, Finance Department dated 30.11.2010, he made a representation to the fifth respondent requesting the same and the fifth respondent vide order dated 24.03.2022 fixed his grade pay as Rs.5700/- and sent a proposal to the third respondent for approval and the same was returned by stating that the option fixation of pay has to be given within six months from the date of issue of that order and also requested the petitioner to address the Government for getting relaxation order.

4. Under such circumstances, the petitioner made representation to the respondents 4 and 5 to get the relaxation order and after receiving the same, the fourth respondent sent a letter dated 15.02.2023 and 18.10.2023 to the second respondent to issue the relaxation order in favour of the petitioner. Since no action was taken, the petitioner sent representation dated 06.06.2024 to the respondents 1 and 2 seeking to take action on his representation. Hence, the present petition is filed.

5. When the matter was taken up for hearing, Mrs.S.Mahalakshmi, learned counsel for the third respondent submitted that the proposal has already 3/6

been forwarded to the first respondent and it is pending on the table of the first respondent for consideration.

6. In view of the same, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 06.06.2024, by condoning the delay if any and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. No costs. 09.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Secretary, Department of School Education, Secretariat, St.George's Fort, Chennai - 600 009.

2.The Joint Director, (Personnel), Department of School Education, 17, DPI Complex, College Road, Nungambakkam, Chennai - 600 034.

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3.The Accountant General (A&E), 361, Anna Salai, Teynampet, Chennai - 600 018.

4.The Chief Educational Officer, O/o.the Chief Educational Officer, Virudhunagar District, Virudhunagar.

5.The District Educational Officer (Secondary), O/o. District Educational Officer, Virudhunagar District, Virudhunagar.

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R.N.MANJULA, J.

Nsr 09.07.2024 6/6