Madras High CourtWP(MD)/20238/2018disposed of

A. Raveendar, S/O. S.Alangaram v. The State Of Tamil Nadu,

2018-09-24Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.20238 of 2018 A.Raveendar ...

Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Principal Secretary to the Government, Department of School Education, Fort St.George, Chennai-9.

2.The Director of School Education, O/o.the Director of School Education, DPI Campus, College Road, Chennai-6.

3.The Joint Director of School Education (Vocational) O/o.The Joint Director of School Education (Vocational) DPI Campus, College Road, Chennai-6.

4.The Chief Educational Officer, O/o.The Chief Educational Officer, Tuticorin, Tuticorin District.

5.The Principal Accountant General (A&E), O/o.The Principal Accountant General (A&E) 361, Anna Salai, 6.The District Educational Officer, O/o.The District Educational Officer, Kovilpatti, Tuticorin District.

7.The Secretary, Nadar High Secondary School, Pasuvandhanai Road, Kovilpatti, Tuticorin District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant two incentives for acquiring higher qualification ie., B.Ed and M.Ed to the petitioner and to revise the petitioner's pension in accordance with the Government Order in G.O.Ms.No.240 School Education Department, dated 18.08.2010 within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Rajasimman For R1 to R4 & R6 : Mrs.S.Srimathi Special Government Pleader For R5 : Mr.P.Gunasekaran

ORDER

The petitioner seeks for a Writ of Mandamus, directing the respondents to grant two incentives for acquiring higher qualification ie., B.Ed and M.Ed to the petitioner and to revise the petitioner's pension in accordance with the Government Order in G.O.Ms.No.240 School Education Department, dated 18.08.2010 within the time stipulated by this Court.

2.Mrs.S.Srimathi, learned Special Government Pleader takes notice for the respondent Nos.1 to 4 & 6 and Mr.P.Gunasekaran, learned counsel takes notice for the fifth respondent. 3.By consent, the writ petition itself is taken up for final disposal.

4.The learned counsel appearing for the petitioner submitted that the petitioner has made a representation dated 06.08.2018 to the respondents seeking to re-fix his pension by way of granting two incentives for acquiring higher qualification in the light of G.O.Ms.No.240 dated 18.08.2010 and the said representation has not been considered sofar. He further submitted that it would suffice if the representation of the petitioner is disposed of in accordance with law, within a time frame to be fixed by this Court.

5.In view of the above, this Court without going into the merits of the matter, the fourth respondent is directed to consider the representation of the petitioner, dated 06.08.2018 and pass appropriate orders thereon in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is open to the authority concerned to consider as to whether the G.O.Ms.No.240, dated 18.08.2010, is applicable to the case of the petitioner or not.

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

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS-IV)

To 1.The Principal Secretary to the Government, The State of Tamil Nadu, Department of School Education, Fort St.George, Chennai-9.

2.The Director of School Education, O/o.the Director of School Education, DPI Campus, College Road, Chennai-6.

3.The Joint Director of School Education (Vocational) O/o.The Joint Director of School Education (Vocational) DPI Campus, College Road, Chennai-6.

4.The Chief Educational Officer, O/o.The Chief Educational Officer, Tuticorin, Tuticorin District.

+ 1 CC TO MR.T.LAJAPATHI ROY, ADVOCATE IN SR NO.86276 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.86609 + 1 CC TO MR.P.GUNASEKARAN, ADVOCATE IN SR NO.86329 NS BU/MN/SV/SAR-IV:16.11.2018 : 3P/10C W.P.(MD)No.20238 of 2018 24.09.2018