Madras High CourtWP(MD)/16593/2016disposed of

P.Pitchai, S/O.Periyasamy, v. The District Elementary

2021-02-25Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.16593 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.16593 of 2016 P.Pitchai ... Petitioner Vs.

1.The District Elementary Educational Officer, Madurai.

2.The Assistant Elementary Educational Officer, Alanganallur, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 19.08.2016 to grant the benefits to him which has been provided under G.O.Ms.No.237, dated 22.07.2013 issued by the Finance (Pay Cell) Department.

For Petitioner : Mr.R.Sathish For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

O R D E R

This writ petition is filed to direct the second respondent to consider the petitioner's representation dated 19.08.2016 to grant the benefits to him which has been provided under G.O.Ms.No.237, dated 22.07.2013 issued by the Finance (Pay Cell) Department. 2.The case of the petitioner is that he was temporarily appointed as a Secondary Grade Teacher on 22.07.1981 in Panchayat Union Primary School, Palamedu and subsequently, he was promoted as a Headmaster. Thereafter, the petitioner was retired from service on 30.06.2009 and subsequently, he was given reemployment on 01.07.2009 and relieved on 31.05.2010. After retirement, he came to know that the Finance (Pay Cell) Department, has issued G.O.Ms.No.237 Dated 22.07.

2013 whereby, the pay scales have been revised by granting one additional increment equivalent to 3% + 3% of basic pay (pay + Grade pay) to the employees, who were awarded selection grade/special grade between 01.01.2006 to 31.05.2009. The petitioner was awarded Selection Grade in the post of Headmaster on 30.06.2007, but, he was not received an additional increment, as per the said G.O. In this regard, the petitioner has made a representation to the second respondent 19.08.2016. Till date, no action has been taken. Hence, the present writ petition is filed.

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W.P.(MD)No.16593 of 2016 3.The learned counsel appearing for the petitioner submitted that it would suffice, if the second respondent is directed to consider the petitioner's representation dated 19.08.2016, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents, has no serious objection for such an order being passed by this Court.

5.Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the petitioner's representation dated 19.08.2016 and pass appropriate orders on merits and in accordance with law, within a period of twelve 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 // / /2021 Sub Assistant Registrar(CS) Ns To 1.The District Elementary Educational Officer, Madurai.

2.The Assistant Elementary Educational Officer, Alanganallur, Madurai District.

+1 CC to Mr.G.R.SATISH, Advocate ( SR-7186[F] dated 25/02/2021 ) +1 CC to M/s.SPL GP ( SR-7489[F] dated 26/02/2021 ) W.P.(MD)No.16593 of 2016 25.02.2021 VB (12.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2