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Madras High CourtWP(MD)/16969/2016disposed of

M. Ramar, S/O. S. Muthiah, v. The State Of Tamilnadu

2019-03-28Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.16969 of 2016 and WMP(MD).Nos.12291 to 12293 of 2016 and WMP(MD).NO.17890 of 2016 M. Ramar ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary, Finance (CMPC) Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 06.

3.The Joint Director (Vocational) of School Education, College Road, Chennai - 06.

4.The Chief Educational Officer, Thoothukudi, Thoothukudi District.

5.The Principal Accountant General (G & SSA), "Lekha Pariksha Bhavan", No.361, Anna Salai, Teynampet, Chennai - 600 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Letter No. 66858 / CMPC / 2013-2, dated 22.08.2014 on the file of the respondent No.1 and quash the same as illegal and consequently to direct the respondents to continue to provide the Selection Grade Scale of Pay of Rs.15600 - 39100 + 5400 to the petitioner, within the time stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For RR 1 to 4 :

Mr.S. Srimathy Special Government Pleader For R - 5 :

Mr.P.Gunasekaran

ORDER

This writ petition has been filed to quash the impugned order passed by the first respondent in Letter No. 66858 / CMPC / 20132, dated 22.08.2014 and consequently to direct the respondents to continue to provide the Selection Grade Scale of Pay of Rs.15600 - 39100 + 5400 to him.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 4 and the learned counsel appearing for the fifth respondent.

3. The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Vocational Instructor on 01.04.1990.

Though the petitioner received Grade Pay of Rs.5,400/-, the same has been refixed as Rs.4,800/- by way of impugned order dated 22.08.2014. Challenging the same, the petitioner has filed the present Writ Petition.

4. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that subsequent to the filing of the Writ Petition, G.O has been passed by the 4th respondent and hence, the prayer of the petitioner would be considered as per G.O.Ms.No.306, Finance (CMPC) Department, dated 12.09.2018 and seeks two months time for considering the claim of the petitioner.

5. In such view of the matter, the respondents are directed to consider the claim of the petitioner in the light of G.O.Ms.No.306, Finance (CMPC) Department, dated 12.09.2018 and also in the light order passed by this Court in W.P(MD)No.2654 of 2018, dated 19.03.2018 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

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

To 1.The State of Tamil Nadu, Rep. by its Principal Secretary, Finance (CMPC) Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 06.

3.The Joint Director (Vocational) of School Education, College Road, Chennai - 06.

4.The Chief Educational Officer, Thoothukudi, Thoothukudi District.

5.The Principal Accountant General (G & SSA), "Lekha Pariksha Bhavan", No.361, Anna Salai, Teynampet, Chennai - 600 018.

W.P(MD)No.16969 of 2016 and WMP(MD).Nos.12291 to 12293 of 2016 and WMP(MD).NO.17890 of 2016 28.03.2019 DKS(CO) TR (23.05.2019) 3P 6C