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Madras High CourtWP(MD)/12671/2016disposed of

St.Marys High School, v. The State Of Tamilnadu

2016-07-20Honourable Mr Justice M. Venugopal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.12671 of 2016 St.Mary's High School, Kuthukalvalasai, Tenkasi, represented by its Correspondent, Mrs.G.Annal Grace Sweetlin, Wife of M.Gnanaprakasam ..Petitioner Vs 1.The State of Tamill Nadu, represented by its Principal Secretary to Government, School Education Department, Secretariat, Fort.St.George, Chennai - 600 009.

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

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Tenkasi, Tirunelveli District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to pass appropriate orders for granting salary grant for the teachers of the Petitioner School for the period from 1.6.1997 to 8.6.1998 by correctly appreciating the students strength based on the records by considering the appeal petition submitted by the Petitioner School dated 11.4.2016, within the time frame fixed by this Court.

For Petitioner :Mr.F.Deepak for M/s.G.Sankaran

For Respondents :Mr.V.Muruganandam Addl.Govt.Pleader

ORDER

Heard both sides.

2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the Respondent. 4.

According to the Petitioner/School, its representation/appeal petition, dated 11.4.2016 addressed to the Second Respondent/The Director of School Education, DPI Campus, College Road, Chennai - 600 006 is pending in the subject-matter in issue without any progress or disposal till date.

5. It appears that the Petitioner in the representation/appeal petition, dated 11.4.2016 had sought for passing of necessary orders for granting salary grant for the teachers of the Petitioner School for the period from 1.6.1997 to 8.6.1998 by correctly appreciating the students strength based on the records, within the time frame fixed by this Court.

6. It is to be noted that the Correspondent of the Petitioner/School in the Writ Affidavit had averred the details of students strength at the relevant point of time were furnished in the said representation to establish the fact that the Petitioner School is entitled for payment of salary for the requisite number of staffs I.e., six teachers viz 1 Headmaster, 1 Tamil Pandit, 1 Bt Assistant, 2 Secondary Grade Teachers and one Office Assistant etc. Also it is the stand of the Petitioner that already other schools were granted salary grant from the date of establishment of the School prior to 1990-1991. The Petitioner School was granted with salary grant belatedly after more than seven years etc.

7.Be that as it may, in view of the fact that the Petitioner's representation/appeal petition, dated 11.4.2016 is pending before the Second Respondent/The Director of School Education, DPI Campus, College Road, Chennai-6, at this stage, this Court simpliciter, directs the second Respondent to take up the representation/appeal petition within a period of one week from the date of receipt of a copy of this order and thereafter, the Second Respondent is to pass a detailed speaking order on merits in the representation/appeal petition of the Petitioner (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of four weeks

thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent and the Second Respondent, in turn, shall take into consideration of the same at the time of disposal of the representation/appeal Petition of the Petitioner, dated 11.4..2016. The Petitioner is also directed to lend his assistance/co-operation to the Second Respondent in disposing of his representation/appeal petition, dated 11.4.2016, within the time prescribed by this Court. 8.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Government of Tamil Nadu, School Education Department, Secretariat, Fort.St.George, Chennai - 600 009.

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

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Tenkasi, Tirunelveli District.

+1cc to Mr.G.Sankaran Advocate in SR.No.38719 +1cc to Special Government Pleader in SR.No.38412 SDR/PEK/27.07.2016/3P/7C W.P(MD)No.12671 of 2016 20.07.2016