S, Mohana Sundari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition (MD)No.18216 of 2020 and W.M.P.(MD)No.15206 of 2020 S.Mohana Sundari ... Petitioner Vs.

1. The State of Tamil Nadu represented it its Principal Secretary to Government School Education Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3. The District Elementary Education Officer, Pudukottai Educational District, Pudukottai District.

4. The Block Education Office, Kantharvakottai Block, Pudukottai District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the fourth respondent in Na.Ka.No.45/A2/2020, dated 17.02.2020 and to quash the same and consequently directing the respondents to continue to pay the incentive increment to the petitioner for acquiring B.Ed., degree.

For Petitioner : Mr.T.Balachandran For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order passed by the fourth respondent in Na.Ka.No.45/A2/2020, dated 17.02.2020 and to quash the same and consequently direct the respondents to continue to pay the incentive increment to the petitioner for acquiring B.Ed., degree.

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2. Though this writ petition has been filed for a larger relief to quash the impugned order passed by the fourth respondent, dated 17.02.2020, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that he is ready to give reply to the impugned order, in such case, appropriate direction may be issued to the fourth respondent to pass final orders, based on the reply filed by the petitioner.

3. Mr.N.Shanmugaselvam, learned Special Government Pleader appearing for the respondents fairly submitted that if the Court is passed any order permitting the petitioner to file reply, the fourth respondent will consider the same and pass final orders.

4. Taking into consideration of the submissions made by both the counsels, this Court directs the petitioner to file reply to the impugned order passed by the fourth respondent, dated 17.02.2020, within a period of two weeks from the date of receipt of a copy of this order and after receipt of the reply, the fourth respondent is directed to pass final orders, on merits and in accordance with law, within a period of eight weeks thereafter.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) Akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Principal Secretary to Government School Education Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.

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2. The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3. The District Elementary Education Officer, Pudukottai Educational District, Pudukottai District.

4. The Block Education Office, Kantharvakottai Block, Pudukottai District.

+1cc to the Spl GP SR.No.25581.

Writ Petition (MD)No.18216 of 2020 11.12.2020 TP(CO) CS(07.01.2021) 3P 6C 3/3