S.Mercy Dabora v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.21228 of 2016 and W.M.P(MD)No.15175 of 2016 S.Mercy Dabora, Headmistrees, S.C.M.S.Girls Higher Secondary School, Satchiapuram, Sivakasi, Virudhunagar District.

...Petitioner

Vs.

1.The State of Tamil Nadu Rep. By its Secretary to Government, School Education Department, Fort.St.George,Chennai 2.The Director of Higher Education, College Road, Chennai.

3.The Chief Educational Officer, O/o The Chief Educational Officer, Virudhunagar, Virudhunagar District.

4. The District Educational Officer, O/o the District Educational Office, Virudhunagar, Virudhunagar District.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the fourth respondent in his proceedings in O.Mu.No. 1953/m6/2016, dated 03.10.2016 and quash the same as illegal and consequentially to direct the respondents to sanction 3rd incentive increment to the petitioner for having acquired M.Phil degree within the period that may be stipulated by this Court. For Petitioner : Mr.A.Mohamed Imran for M/s.Ajmal Associates For Respondents : Mr. V.Nirmal Kumar Government Advocate

O R D E R

This Writ Petition is filed seeking to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the fourth respondent in his proceedings

dated 03.10.2016 and for a consequential direction to the respondents to sanction 3rd incentive increment to the petitioner for having acquired M.Phil degree within the period that may be stipulated 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 placed a copy of an order of Full Bench of this Court dated 29.04.2022 in W.A.No.3674 of 2019 and batch. He would submit that the issue is already settled by the Full Bench 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. 04.07.2023 Index : Yes / No NCC : Yes / No CM To, 1.The Secretary to Government, State of Tamil Nadu, By its School Education Department, Fort.St.George,Chennai 2.The Director of Higher Education, College Road, Chennai.

3.The Chief Educational Officer, O/o The Chief Educational Officer, Virudhunagar, Virudhunagar District.

4. The District Educational Officer, O/o the District Educational Office,

Virudhunagar, Virudhunagar District.

BATTU DEVANAND, J.

CM W.P.(MD)No.21228 of 2016 and W.M.P(MD)No.15175 of 2016 04.07.2023