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Madras High CourtWP(MD)/4586/2014disposed of

T. Ganesan v. The Director Of Elementary

2020-11-20Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.4586 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.4586 of 2014 T.Ganesan ... Petitioner -Vs1.The Director of Elementary Education, D.P.I. Complex, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Madurai.

3.The Assistant Elementary Educational Officer, Kallikudi, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the third respondent in Na.Ka.No.5644/A2/2013, dated 04.03.2014 and to quash the same as illegal and direct the respondents to extend the benefit of para 5 (iii)(iv) of the G.O.Ms.No.179, dated 06.09.2013 and grant selection grade scale of pay; special grade scale of pay in the post of Primary School Headmaster; grant arrears of pay and fix last drawn pay within the stipulated time fixed by this Court. For Petitioner : Mr.N.Madhava Govindan For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

The learned counsel for the petitioner placed the Hon'ble Full Bench Judgment reported in (2017) 2 MLJ 257 (FB) in the case of Government of Tamil Nadu, Rep. by the Secretary Vs. G.Eswaran and others, wherein, the Hon'ble Full Bench passed orders fixing a cut off date for entertaining the writ petitions. Accordingly, the writ petitions filed prior to 09.12.2016 is considered for grant of benefits in accordance with G.O.Ms.No.216, dated 22.03.1993. The present writ petition was filed on 13.03.2014 and therefore, the case of the writ petitioner is to be considered with reference to the principles laid down by the Hon'ble Full Bench in the case of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.4586 of 2014 Government of Tamil Nadu, Rep. by the Secretary Vs. G.Eswaran and others cited supra.

2.Accordingly, the respondents are directed to consider the case of the writ petitioner with reference to his service records and if he is otherwise eligible as per the principles laid down by the Hon'ble Full Bench, the said benefits are to be granted as expeditiously as possible and preferably within a period of twelve

(12) weeks from the date of receipt of a copy of this order. 3.With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Director of Elementary Education, D.P.I. Complex, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Madurai.

3.The Assistant Elementary Educational Officer, Kallikudi, Madurai District.

+1 CC to Mr.N.MADHAVA GOVINDAN, Advocate ( SR-22437[F] dated 23/11/2020 ) +1 CC to SPL GP ( SR-22624[F] dated 24/11/2020 ) W.P.(MD).No.4586 of 2014 20.11.2020 VB (02.12.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2