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Madras High CourtWP(MD)/8034/2016disposed of

R. Manivel v. The Secretary To Government

2016-04-25Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2016

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD)No.8034 of 2016 R.Manivel .. Petitioner Vs.

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

2.The Director of Elementary Education, DPI Campus, Chennai -6.

3.The District Educational Officer, Dindigul - 624 001, Dindigul District.

4.The Correspondent, C.S.M.A Higher Sec. School, Ma. Mu. Kovilur, Dindigul - 624 005.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to sanction the third incentive increment for possessing the qualification of M.Phil to the petitioner within a stipulated time.

For petitioner ... Mr.T.A.Ebenezer For R-1 to R-3 ... Mr.Aairam K.Selvakumar Government Advocate

ORDER

Mr.Aairam K.Selvakumar, learned Government Advocate takes notice on behalf of respondent Nos.1 to 3. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel appearing on either side. 3.The petitioner was appointed as B.T. Assistant on 01.12.2000 in C.S.M.A Higher Secondary School, Ma. Mu. Kovilur, Dindigul and thereafter, promoted as P.G. Assistant (English) on 01.07.2007. Now he is working as P.G. Assistant (English) in the above said School. He is qualified with B.Sc., M.A. (English). B.Ed., M.Ed., and M.Phil(History). The grievance of the petitioner is that he has not been granted third incentive increment for possessing M.Phil degree. It is his case that in similar matters, this Court had granted orders directing the Government to grant third incentive increment for acquiring higher degree. It is pointed out by the learned counsel for the petitioner that one such order is passed in a batch of writ petitions in W.P.(MD)No.11802 of 2013, etc. batch.

This Court, while considering the said batch of writ petitions, has held that the said judgment would be treated as judgment in rem as the issue was finally settled therein. The petitioner seems to have made a representation to the authorities on 06.01.2016 and as there was no response on the same, he has filed this writ petition.

4.In view of the above, the third respondent shall consider the representation of the petitioner, dated 06.01.2016 in the light of the judgment referred to in the above said batch of writ petitions and pass appropriate orders within a period of four weeks thereafter and to report compliance to this Court. 5.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To .The Secretary to Government, State of Tamil Nadu, School Education Department, St. George Fort, Chennai -9. 2.The Director of Elementary Education,DPI Campus, Chennai -6. 3.The District Educational Officer, Dindigul - 624 001, Dindigul District.

+one cc to M/s.T.A.Ebenezer, Advocate in SR.No.23309 +one cc to The Special Government Pleader in SR.No.23607 pm CSL/GSV/12.05.2016 :2P/6C W.P.(MD)No.8034 of 2016 25.04.2016 https://hcservices.ecourts.gov.in/hcservices/