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Madras High CourtWP(MD)/6680/2016disposed of

C.Kennedy v. The State Of Tamil Nadu

2021-03-24Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Kennedy ... Petitioner Vs.

1.The State of Tamil Nadu represented by its Principal Secretary to Government, School Education Department, St. Fort George, Secretariat, Chennai-9.

2.The Director of Elementary Education, D.P.I. Campus, College Road, Chennai- 06.

3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District.

4.The District Elementary Educational Officer, Madurai, Madurai District.

5.The Accountant General (Accounts & Entitlements) Tamilnadu, 361, Anna Salai, Chennai- 600 018.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein be suitably directed to fix the petitioner pay scale in Selection Grade/Special Grade in the post of Middle School Headmaster by computing the petitioner entire services rendered as Secondary Grade Teacher, Primary School Headmaster and Middle School Headmaster, by extending the benefits of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.216, School Education (G-2) Department, dated 30.12.2011 in favour of the petitioner herein along with all arrears and other consequential benefits.

For Petitioner :Mr.A.L.Kannan for Mr.S.Manikandan For R1 to R4 :Mrs.S.Srimathy Special Government Pleader For R5 :Mr.P.Gunasekaran

O R D E R

This writ petition has been filed for a direction to the respondents to fix the petitioner's pay scale in Selection 1/3

Grade/Special Grade in the post of Middle School Headmaster, by computing the entire services rendered as Secondary Grade Teacher, Primary School Headmaster and Middle School Headmaster, by extending the benefits of G.O.(Ms.)No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.(Ms.)No.216, School Education (G-2) Department, dated 30.12.2011, in favour of the petitioner along with all arrears and other consequential benefits.

2. The case of the petitioner is that initially he was appointed as Secondary Grade Teacher in P.U.Primary School, Periyakiluvichi, on 06.08.1984. Thereafter, he was promoted as Primary School Headmaster on 16.06.2003 and again, he was promoted as Middle School Headmaster on 11.07.2005. The grievance of the petitioner is that he was not given selection grade, after completion of 10 years in the post of Secondary Grade Teacher. Hence, the petitioner has made a representation to the respondents on 10.02.2016. However, till date the respondents have not passed any orders. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned Special Government Pleader appearing for the respondents 1 to 4 did not dispute the fact submitted by the learned counsel for the petitioner.

4. Admittedly, the petitioner entered into service as Secondary Grade Teacher, in the year 1984 and after completing 19 years of service, he was given promotion as Primary School Headmaster, in the year 2003. However, he was not awarded selection grade in the post of Secondary Grade Teacher.

5. In view of the above, this Court directs the second respondent to consider the petitioner's representation, dated 10.02.2016, if the selection grade is not awarded in the post of Secondary Grade Teacher 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 (RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

To:

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

2.The Director of Elementary Education, D.P.I. Campus, College Road, Chennai- 06.

3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District.

4.The District Elementary Educational Officer, Madurai, Madurai District.

5.The Accountant General(Accounts & Entitlements) Tamilnadu, 361, Anna Salai, Chennai- 600 018.

+1 CC to M/s.SPL GP ( SR-13630[F] dated 25/03/2021 ) 24.03.2021 KV (13.05.2021) P 7C 3/3