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Madras High CourtWP(MD)/18556/2019disposed of

V.Rajendran v. The State Of Tamil Nadu

2019-08-28Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) Nos.18556, 18558 and 18560 of 2019 V.Rajendran ... Petitioner in W.P.(MD)No.18556/2019 K.Navaneetham ... Petitioner in W.P.(MD)No.18558/2019 S.Annapoorani ... Petitioner in W.P.(MD)No.18560/2019 Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Finance Department, Fort St. George, Chennai - 600 009.

2.The State of Tamil Nadu, Rep. by Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

3.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.

4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.

... Respondents in all the W.Ps.

Prayer in all the W.Ps.

:- Writ Petitions filed under Article 226 of the Constitution of India, seeking for issuance of Writs of Mandamus, directing the respondents to refix the scale of pay of the petitioners at Rs.2000 - 3500 w.e.f. 23.05.1993, 01.04.1990 and 01.04.1990 respectively, and on par with the scale of pay sanctioned to Mr.Narayanasami under G.O.Ms.No.327, dated 18.11.2013 to the Vocational Instructors, who were in service at the time of plus 2 system was introduced in the Schools in the State of Tamil Nadu.

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For Petitioner : Mr.R.Saravanan in all the W.Ps.

For Respondents : Mrs.S.Srimathy in all the W.Ps. Special Government Pleader COMMON ORDER These Writ Petitions have been filed seeking a direction to the respondents to refix the scale of pay of the petitioners at Rs.2000 - 3500 w.e.f. 23.05.1993, 01.04.1990 and 01.04.1990 respectively, and on par with the scale of pay sanctioned to Mr.Narayanasami under G.O.Ms.No.327, dated 18.11.2013 to the Vocational Instructors, who were in service at the time of plus 2 system was introduced in the Schools in the State of Tamil Nadu.

2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents. By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.

3.The learned counsel appearing for the petitioners submitted that with reference to the prayer sought for in these Writ Petitions, the petitioners sent representations to the respondents on 13.08.2019, 16.08.2019 and 19.08.2019 respectively. But, no action has been taken till date. Hence, the petitioners are before this Court for the relief stated supra.

4.In reply, the learned Special Government Pleader appearing for the respondents submitted that the petitioners made representations after a lapse of more than 10 years and therefore, the same are liable to be rejected on the ground of laches. However, she further submitted that no order has been passed on the said representations so far and the petitioners' representations dated 13.08.2019, 16.08.2019 and 19.08.2019 respectively, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5.In view of the above said submission made by the learned Special Government Pleader appearing for the respondents, without expressing any opinion on the merits of the claim made by the petitioners, this Court directs the respondents concerned to consider the representations of the petitioners, dated 13.08.2019, 16.08.2019 and 19.08.2019 respectively, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

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6.With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Finance Department, Fort St. George, Chennai - 600 009.

2.The Secretary to Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.

3.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.

4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.

+3 CC to M/s.R. SARAVANAN, Advocate ( SR-83850[F] dated 28/08/2019 ) +1 CC to M/s.SPL GP ( SR-84172[F] dated 29/08/2019 ) Common order in W.P.(MD) Nos.18556, 18558 and 18560 of 2019 28.08.2019 smn2 JM/18.09.2019/3P/9C 3/3