Madras High CourtWP(MD)/7737/2017disposed of

S.Sumathi, v. The District Elementary

2017-04-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7737 of 2017 S.Sumathi, B.T.Assistant(Maths), Panchayat Union Middle School, Dharmapatti - 630 309, Sivagangai District.

.. Petitioner Vs.

1. The District Elementary Education Officer, O/o. The District Elementary Education Officer, Sivagangai, Sivagangai District.

2. The Assistant Elementary Education Officer, O/o. The Assistant Elementary Education Officer, S.Pudur, Sivagangai District.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide the incentive increments in the post of B.T.Assistant (Maths) for the higher qualifications of M.Sc., and M.Phil., degrees acquired by the petitioner within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to provide the incentive increments in the post of B.T.Assistant (Maths) for the higher qualifications of M.Sc., and M.Phil., degrees acquired by the petitioner within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to provide incentive increments to the petitioner, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 04.04.2017, on merits, within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The respondents are directed to consider the representation of the petitioner, dated 04.04.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Elementary Education Officer, O/o. The District Elementary Education Officer, Sivagangai, Sivagangai District.

2. The Assistant Elementary Education Officer, O/o. The Assistant Elementary Education Officer, S.Pudur, Sivagangai District.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 54150 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 54660 PMU TE/MMS/SAR-III : 17/05/2017 : 2P/5C ORDER MADE IN W.P.(MD).No.7737 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 25.04.2017