V.Mani v. The Director Of Elementary Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Mani ... Petitioner /Vs./ 1.The Director of Elementary Education, Chennai.
2.The Chief Educational Officer, Trichy.
3.The District Educational Officer, Lalgudi, Trichy District.
4.The Block Educational Officer, Lalgudi, Trichy District.
5.The Secretary to Government of Tamilnadu, Education Department, Chennai.
... Respondents (R5 is suo motu impleaded as 5th respondent vide order of this Court dated 30.10.2024 in this writ petition.) 1/6
P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction the selection grade and special grade in the cadre of secondary grade teacher scale of pay with effect from 1990 and 2000 and to sanction yearly increments with revised pension benefits including all consequential benefits.
For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.T.Amjad Khan Government Advocate
ORDER
This writ petition has been filed for a mandamus, seeking for a direction to the respondents to sanction the selection grade and special grade in the cadre of secondary grade teacher scale of pay with effect from the years 1990 and 2000 and to sanction yearly increments with revised pension benefits including all consequential benefits.
2. The petitioner, prior to the filing of this writ petition, had given a representation to the respondents for the aforementioned purpose. 2/6
Since the representation was not considered, the petitioner has filed this writ petition.
3. No prejudice will be caused to the respondents, if the petitioner is allowed to give a fresh representation for the aforementioned purpose to the respondents and a direction is issued to the respondents to consider the same on merits and in accordance with law, within a time frame to be fixed by this Court.
4. Since the Secretary to Government of Tamilnadu, Education Department, Chennai, who is a necessary party has not been arrayed as party respondent in this writ petition, the Secretary to Government of Tamilnadu, Education Department, Chennai, is suo-motu impleaded as fifth respondent in this writ petition.
5. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the second respondent as well as to the newly impleaded fifth respondent seeking for sanction of selection grade and special grade in the cadre of secondary grade teacher scale of pay 3/6
with effect from the years 1990 and 2000 and to sanction yearly increments with revised pension benefits including all consequential benefits, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent and the newly impleaded fifth respondent, namely, the Secretary to Government of Tamilnadu, Education Department, Chennai, are directed to pass final orders on merits and in accordance with law, within a period of twelve weeks thereafter.
6. With the above direction, this writ petition is disposed of. No costs.
30.10.2024 Index : Yes / No NCC : Yes / No sm Note:- Registry is directed to carry out the amendment in terms of this order and only thereafter issue order copy to the respective parties.
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TO:- 1.The Director of Elementary Education, Chennai.
2.The Chief Educational Officer, Trichy.
3.The District Educational Officer, Lalgudi, Trichy District.
4.The Block Educational Officer, Lalgudi, Trichy District.
5.The Secretary to Government of Tamilnadu, Education Department, Chennai.
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ABDUL QUDDHOSE, J.
Sm Order made in Dated:
30.10.2024 6/6