S. Chockalingam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.18946 of 2019 and W.M.P.(MD)No.15264 of 2019 S.Chockalingam ... Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Principal Secretary, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, Nungambakkam, Chennai - 6.
3. The Chief Educational Officer, O/o. the Chief Educational Officer,
4. The District Educational Officer, O/o. the District Educational Office, Sivagangai, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the third respondent to pay the benefits arising out of two incentive increment granted to the petitioner and accordingly, revise the pensionary benefits of the petitioner, by considering the petitioner's representations, dated 03.12.2018 and 03.01.2019, within the period that may be stipulated by this Court. For Petitioner : Mr.Mohamed Suhail for M/s.Ajmal Associates For Respondents : Mrs.S.Srimathy Special Government Pleader
ORDER
The petitioner has come up with the present Writ Petition for a Mandamus, directing the third respondent to pay the benefits arising out of two incentive increment granted to the petitioner and accordingly, revise the pensionary benefits of the petitioner, by considering the petitioner's representations, dated 03.12.2018 and 03.01.2019, within a time limit to be fixed by this Court.
2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.According to the petitioner, he was initially appointed as B.T. Assistant on 11.03.1983 at Government High School, Kannangudi, Sivagangai District. After periodical promotion, he was promoted to the cadre of Headmaster of Higher Secondary School on 03.09.2010 and thereafter, he retired from service on 30.06.2011. Further, according to the petitioner, for granting incentive increments for acquiring higher qualification, he made representations to the respondents, dated 03.12.2018 and 03.01.2019 and the same are still pending. Hence, the present Writ Petition.
4.Considering the limited scope of the matter, without expressing any opinion on the merits of the claim made by the petitioner, this Court directs the respondents concerned to consider the petitioner's representations dated 03.12.2018 and 03.01.2019 and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
5.This Writ Petition is disposed of, with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS ) To
1. The Principal Secretary to Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, Nungambakkam, Chennai - 6.
3. The Chief Educational Officer, O/o. the Chief Educational Officer,
4. The District Educational Officer, O/o. the District Educational Office, Sivagangai, +1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-84917[F] dated 03/09/2019 ) W.P.(MD)No.18946 of 2019 30.08.2019 smn2 MK (18.09.2019) 3P 6C