Madras High CourtWP(MD)/7527/2016disposed of

Santhanam, S/O. Mallan v. The Secretary To Government

2016-04-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.7527 of 2016 Santhanam ... Petitioner Vs.

1.The Secretary to Government School Education Department, State of Tamil Nadu, Secretariat, St. Fort George, Chennai - 9.

2.The Principal Accountant General(A & E) Tamil Nadu, Chennai - 18.

3.The Director of Elementary Education, College Road, Chennai - 6.

4.The District Elementary Educational Officer, Pudukottai District, Pudukottai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant Selection Grade/ Special Grade to the petitioner in the Post of Middle School Headmaster by counting the petitioner's service rendered as Elementary School Headmaster and Secondary Grade Teacher by extending the benefits of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009 and G.O.Ms.No.146, School Education Department (G1), dated 19.06.2012 and to pay the benefits of arrears of pay as well as re-fixation of pension with arrears within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.V.Muruganandham, Additional Government Pleader

ORDER

Mr.V.Muruganandham, learned Additional Government Pleader takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

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3. The case of the petitioner is that the petitioner was appointed as Headmaster in Panchayat Union Elementary School, Melinilaipatti on 01.06.1963. Subsequently, he was promoted and transferred to various places. While the matter stood thus, the Government issued G.O.Ms.No.210, School Education Department, dated 14.08.2004 for granting Selection Grade/Special Grade to the Post of Middle School Headmaster. Hence, the petitioner has made a representation before the respondents on 01.04.2015 to extend the benefit of G.O.Ms.No.210. In similar circumstances, this Court considered the request of the petitioner therein in W.P(MD) No.22604 of 2016, vide order dated 16.12.2015. Hence, the petitioner has come forward with the present Writ Petition requesting to give direction to the respondents to extend the benefits of G.O.Ms.No.210, to the petitioner also.

4. Considering the limited scope of the prayer made in this Writ Petition, without expressing any opinion on the merits of the claim made by the petitioner, the respondents are directed to consider the representation of the petitioner, dated 01.04.2015 in the light of the order passed in W.P(MD)No.22604 of 2015, dated 16.12.2015, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government School Education Department, State of Tamil Nadu, Secretariat, St.Fort George, Chennai-9. 2.The Principal Accountant General(A&E) Tamil Nadu, Chennai-18. 3.The Director of Elementary Education,College Road, Chennai-6. 4.The District Elementary Educational Officer, Pudukottai District, Pudukottai.

+1 CC to M/s.T.A.EBENEZER, Advocate, SR No.21948 +1 CC to the Special Government Pleader, SR No.22519 W.P(MD)No.7527 of 2016 pm 20.04.2016 SH/AAL-MPA:05.05.2016:2P/7C https://hcservices.ecourts.gov.in/hcservices/