N.Thiruchendil v. The Additional Assistant

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Thiruchendil ... Petitioner Vs.

1.The Additional Assistant Elementary Educational Officer, Ramanathapuram, Ramanathapuram District.

2.D D Vinayagar Primary School, Velipatinam Post-623 503, Ramanathapuram District, represented by its Secretary.

3.N.G.Ram Shankar, Secretary, D D Vinayagar Primary School, Velipattinam Post-623 503, Ramanathapuram District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to make necessary entries in petitioner's service register conferring special grade to her with effect from 25.06.10 in compliance of the proceedings of the first respondent in Na.Ka.No.865/Aa1/2010, dated 30.8.10 and further direct the respondent Nos.1 and 2 to pay her consequential monetary benefits with arrears and interest within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader for R.1 : Mr.N.S.Karthikeyan for R.2 : No Appearance for R.3

ORDER

This Writ Petition is filed seeking for issuance of a writ of mandamus to direct the second respondent to make necessary entries in petitioner's service register conferring special grade to her with effect from 25.06.2010 in compliance of the proceedings of the first respondent in Na.Ka.No.865/Aa1/2010, dated 30.8.2010 and further direct the respondent Nos.1 and 2 to pay her consequential monetary benefits with arrears and interest within the period that may be stipulated by this Court. 1/3

2. The case of the petitioner is that the petitioner was appointed as a Secondary Grade Teacher in the year 2001. After completion of 10 years, on 30.08.2010, the first respondent conferred the Special Grade to the petitioner to the effect from 25.06.2010, however, the said order was not implemented. Hence, the petitioner made a representation on 09.02.2016 to furnish a copy of the service register and repeatedly the petitioner made a representation to implement the order dated 30.08.2010 and till date, either the School Management or the Educational Authorities did not pass any order and hence, the present writ petition has been filed.

3. Learned Counsel appearing for the petitioner would submit that after filing the writ petition, the authorities settled the benefits, as per the order dated 30.08.2010, however, the arrears amount was not paid and hence, he seeks permission to make a representation for claiming arrears within a reasonable time.

4. Learned Counsel appearing for the respondents have no serious objection for granting such relief.

5. In view of the relief as now sought for by the petitioner, without going into the merits of the petitioner's case, the petitioner is permitted to submit a representation for claiming arrears before the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the respondents shall consider the same on merits and in accordance with law, and dispose of the same as expeditiously as possible.

6. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To The Additional Assistant Elementary Educational Officer, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.M.E.ILANGO, Advocate ( SR-11452[F] dated 16/03/2021 ) +1 CC to M/s.SPL GP ( SR-11608[F] dated 16/03/2021 ) 15.03.2021 ES(CO) TR(07.05.2021) 3P 4C 3/3