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Madras High CourtWP(MD)/21979/2016disposed of

T.Ramesh, v. The State Of Tamil Nadu

2016-11-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.21979 of 2016 T.Ramesh ... Petitioner Vs.

1.The State of Tamil Nadu, rep.by the Secretary, Finance (Pay Cell) Department, Secretariat, St. George Fort, Chennai - 600 009.

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

3.The Director, Department of Primary School Education, College Road, Chennai - 6.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issue a Writ of Mandamus directing the respondent No. 3 to extend the benefit of Personal pay to the petitioner with effect from 01.01.2006 instead of 01.01.2011 and to Grant Rs. 750/- towards personal Pay as per G.O.Ms.No.23 Finance (Pay Cell) Department dated 12.01.2011 issued by the Respondent No.1 by considering the representation sent by the petitioner dated 19.06.2015.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This Writ of Mandamus has been filed, seeking a direction to the third respondent to extend the benefit of personal pay to the petitioner with effect from 01.01.2006 instead of 01.01.2011 and to grant Rs.750/- towards personal pay as per G.O.Ms.No.23 Finance (Pay Cell) Department dated 12.01.2011 issued by the first respondent.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission. 3.With the above said prayer, the petitioner has sent a representation dated 19.06.2015 to the respondents. As the representation is not considered, this writ petition has been filed.

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4.The learned counsel for the petitioner has relied upon the order passed by this Court in WP(MD)No.11858 of 2015, where under this Court has directed the third respondent therein to consider the representation of the petitioner dated 06.06.2016, in the light of the G.O.Ms.No.23 Finance (Pay Cell) Department dated 12.01.2011.

5.The learned Additional Government Pleader would submit that the third respondent will consider the representation of the petitioner in the light of the above said Government Order as well as in the light of the orders passed by this Court in the said Writ Petition.

6.Under such circumstances, the third respondent is directed to consider the representation of the petitioner dated 19.06.2015 in the light of the G.O.Ms.No.23 Finance (Pay Cell) Department dated 12.01.2011 and also in the light of the orders passed by this Court in WP(MD)No.11858 of 2015 dated 03.08.2016 and to pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Finance (Pay Cell) Department, Secretariat, St. George Fort, Chennai - 600 009.

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

3.The Director, Department of Primary School Education, College Road, Chennai - 6.

+1cc to Mr.T.Lajapathi Roy, Advocate in SR No.70141 +1cc to the Spl.Govt.Pleader in SR No.70275 W.P(MD)No.21979 of 2016 MJ 17.11.2016 ANR/DB/07.12.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/