B.M.Rameshraman v. The Govt., Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI B.M.Rameshraman ... Petitioner Vs.
1.The Govt. of Tamil Nadu rep. by its Secretary, Department of School Education, Fort St. George, 2.The Director of School Education, DPI Campus, College Road, 3.The Chief Educational Officer, The Office of the Chief Educational Officer, Karur, Karur District.
4.District Educational Officer, The Office of the District Educational Officer, Karur, Karur District.
... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.3 to implement the G.O.(Ms)No.153, dated 05.12.2017 by sanctioning the pending additional in-charge allowances for the petitioner who served as head master in-charge from 01.06.2017 to till date by disposal of his representation, dated 06.08.2018 within a time as stipulated by this Court.
For Petitioner : Mr.J.Sivaram, For Respondents : Mr.M.Karuppasamy, Government Advocate
ORDER
This writ petition is filed seeking for a mandamus directing the respondent No.3 to implement G.O.(Ms)No.153, dated 05.12.2017, sanctioning the pending additional in-charge allowances for the petitioner, who served as Headmaster in-charge from 01.06.2017 to till date, by disposing of his representation, dated 06.08.2018. 1/3
2.Mr.M.Karuppasamy, learned Government Advocate 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. The grievance of the petitioner is that he is functioning as Headmaster in-charge of Manjapulipatty Government High School. As per Rule 49 of the Fundamental Rules, the Government may appoint a Government servant whether permanent or officiating to hold full additional charge or to discharge current duties of one or more independent posts at one time, as a temporary measure, grant additional pay subject to certain limits and therefore, he is entitled to additional In-charge allowances. The third respondent has not sanctioned the allowance of full additional charge for a period from 01.06.2017 to till date. Hence, the petitioner gave representation, dated 06.08.2018 to the third respondent. The third respondent has not passed any orders. Hence, the petitioner has come out with the present writ petition.
4. Though a larger relief has been prayed in this writ petition, when the writ petition is taken up for hearing, the learned counsel appearing for the writ petitioner submitted that the petitioner would be satisfied, if a direction is issued to the respondents to consider the representation dated 06.08.2018, submitted by the writ petitioner.
5.Considering the submission of the learned counsel for the petitioner, this writ petition is disposed of, directing the third respondent to consider the representation of the petitioner, dated 06.08.2018 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar To 1.The Secretary, Department of School Education, Fort St. George, 2/3
2.The Director of School Education, DPI Campus, College Road, 3.The Chief Educational Officer, The Office of the Chief Educational Officer, Karur, Karur District.
4.District Educational Officer, The Office of the District Educational Officer, Karur, Karur District.
+1 CC to M/s.GP ( SR-86125[F] dated 10/09/2019 ) 09.09.2019 AM MS/30.09.2019/3P.6C 3/3