S.Uma Rani v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.Uma Rani

...Petitioner

Vs 1.The Chief Educational Officer, Madurai District, Madurai.

2.The Headmistress, Government High School, Karuvanur, Madurai 625 014.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to give Selection Grade and all other consequential benefits to the petitioner.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.A.Thiagarajan Government Advocate

ORDER

This Writ Petition is filed to direct the 1st respondent to give selection grade and all other consequential benefits to the petitioner.

2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.It is the grievance of the petitioner that she is working as B.T.Assistant (Science). Though she completed 10 years of service in the year 2016 itself, she was not paid with selection grade, for which, she has made a representation, dated 30.01.2020 to the 1st respondent and the same is pending so far, without any progress. Hence, the present writ petition.

4.In reply, Mr.A.Thiagarajan, learned Government Advocate appearing for the respondents would submit that if the petitioner 1/3

produces the relevant documents, the request of the petitioner will be considered on merits and in accordance with law. 5.Heard the learned counsel on either side and perused the materials available on record.

6.Admittedly, the petitioner joined duty as B.T.Assistant (Science) on 15.07.2006 and had completed 10 years of service in the year 2016. Therefore, there is no need for producing the relevant documents as sought for by the learned Government Advocate because of the same is available with the 1st respondent itself.

7.In such view of the matter, this Court is inclined to pass the following directions:- i) the 1st respondent is directed to provide the selection grade pay payable to the petitioner, as per the entitlement, by considering the representation, dated 30.01.2020, within a period of eight weeks from the date of receipt of a copy of this order; and ii) in the event of providing the selection grande pay to the petitioner, she is also entitled to for all the benefits accrued from 15.06.2016 till the date of settlement and the same shall be paid by the 1st respondent to the petitioner within a period of four months from the date of arriving at the benefit accrued, without awaiting any further order of this Court; 8.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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.

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To 1.The Chief Educational Officer, Madurai District, Madurai.

2.The Headmistress, Government High School, Karuvanur, Madurai 625 014.

+1 cc to The Special Government Pleader Sr.No.25770 15.12.2020 KM (08.01.2021) 3P 4C 3/3