Chellamuthu, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.12726 of 2016 and W.M.P(MD)No.9622 of 2016 Chellamuthu

...Petitioner

Vs.

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

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

3. The District Elementary Educational Officer, Dindigul District Elementary Educational Office, Dindigul.

4. The Additional Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Ottanchatram, Dindigul District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd

respondent in his proceedings in Na.Ka.No.550/A2/2016 dated 07.04.2016 and quash the same and consequently directing the respondents to sanction the third incentive increment for possessing the qualification of M.Phil to the petitioner within a stipulated time as may fixed by this Court.

For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.V.Nirmal Kumar Government Advocate

O R D E R

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No. 550/A2/2016 dated 07.04.2016 and quash the same and consequently directing the respondents to sanction the third incentive increment for possessing the qualification of M.Phil to the petitioner within a stipulated time as may fixed by this Court.

2. On behalf of the respondents, a counter affidavit has been filed.

3. During the course of hearing, the learned Government Advocate would submit that the issue is already settled by the Full Bench by order dated 29.04.2022 in W.A.No.3674 of 2019 and batch and as such, no further adjudication is required in the present Writ Petition.

4. The learned counsel for the petitioner also endorsed the statement of the learned Government Advocate that the issue is already decided by the Full Bench of this Court.

5. In view of the submissions made by the respective counsels, in my view, further adjudication is not required in this case. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 18.08.2023 Index : Yes / No NCC : Yes / No CM

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

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

3. The District Elementary Educational Officer, Dindigul District Elementary Educational Office, Dindigul.

4. The Additional Assistant Elementa ry Educational Officer, Assistant Elementary Educational Office, Ottanchatram, Dindigul District.

BATTU DEVANAND, J.

CM W.P.(MD)No.12726 of 2016 and W.M.P(MD)No.9622 of 2016 18.08.2023