Dhanalakshmi K v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.23376 of 2025 K.Dhanalakshmi : Petitioner Vs.
1. The Director of School Education, Chennai - 6.
2. The Chief Educational Officer, Sivagangai District.
3. The District Educational Officer (Secondary), Sivagangai District.
4. The Secretary, Zamindar Street High School, Devakottai, Sivagangai District.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to sanction the yearly increments from the year 2006 onwards, special grade with effect from 01.12.2007, super grade with effect from 01.12.2017, 6th pay commission benefits and 7th pay commission benefits with all other entitled benefits.
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For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.M.Sddharthan Additional Government Pleader
ORDER
This writ petition has been filed seeking a direction to the respondents to sanction the yearly increments from the year 2006 onwards, special grade with effect from 01.12.2007, super grade with effect from 01.12.2017, 6th pay commission benefits and 7th pay commission benefits with all other entitled benefits.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The learned counsel appearing for the petitioner submits that the petitioner was employed as Teacher in the fourth respondent school and the fourth respondent school is under direct payment in view of the dispute between the Management and the Government. However, the petitioner's special grade, super grade, yearly increments, 6th and 7th pay commission benefits have not been awarded by the third respondent. In 2/6
this regard, the petitioner made a representation dated 16.06.2025 to the respondents and the same has not been considered till date.
4. The learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 16.06.2025 is disposed of in accordance with law.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 16.06.2025 on its own merits and to obtain the views of the fourth 3/6
respondent with regard to the claim made by the petitioner and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.
7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 26.08.2025 Index : Yes / No (1/4) NCC : Yes / No Sm 4/6
To:-
1. The Director of School Education, Chennai - 6.
2. The Chief Educational Officer, Sivagangai District.
3. The District Educational Officer (Secondary), Sivagangai District.
4. The Secretary, Zamindar Street High School, Devakottai, Sivagangai District.
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M.DHANDAPANI, J.
Sm W.P.(MD) No.23376 of 2025 (1/4) 26.08.2025 6/6