← Library
Madras High CourtWP(MD)/11034/2017disposed of

C.John Peter, Head Master v. The Director Of Elementary

2019-09-05Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P.(MD)No.8455 of 2017 1.C.John Peter 2.V.Chandrasamy 3.D.Charley Stephen Doss 4.G.Saraswathi ... Petitioners -Vs1.The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai-6.

2.The District Elementary Educational Officer, O/o. The District Elementary Educational Office, Pudukkottai.

3.The Assistant Elementary Educational Officer, O/o. The Additional Assistant Elementary Educational Office, Viralimalai, Pudukkottai District.

4.The Additional Assistant Elementary Educational Officer, O/o. The Additional Assistant Elementary Educational Office, Viralimalai, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to revise the scale of pay of the petitioners on par with their junior as was granted in respect of the similarly placed persons by Assistant Elementary Educational Officer Kundrandar Kovil, Pudukkottai District vide his proceedings e.f.vz;.598/m3/2014 dated 10.02.2014 in the light of G.O.Ms.No.25 Personnel and Administrative Reforms (FR.IV) Department dated 23.03.2015 and by considering the petitioners' representations dated 04.01.2017 within the period that may be stipulated by this Court. 1/3

For Petitioners : Mr.C.Venkatesh Kumar, For M/s.Ajmal Associates.

For Respondents : Mrs.S.Srimathy, Special Government Pleader.

ORDER

Heard Mr.C.Venkatesh Kumar, for M/s.Ajmal Associates, learned counsel appearing on behalf of the writ petitioners and Mrs.S.Srimathy, learned Special Government Pleader appearing on behalf of the respondents.

2.The learned counsel appearing on behalf of the writ petitioners made a submission that similarly placed persons were granted benefit as sought for by the writ petitioner in the present Writ Petition. In view of the same, the writ petitioners have given representation dated 01.04.2017.

But, so far, the said representation was not considered.

3.The learned counsel appearing on behalf of the writ petitioners further submitted that it would suffice, if a direction is issued to the respondents to consider the representation dated 01.04.2017 submitted by the writ petitioners. 4.The learned Special Government Pleader appearing on behalf of the respondents made a submission that if the writ petitioners are eligible, as per earlier order, the case of the writ petitioners will be considered.

5.Considering the submissions made by the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents, this Writ Petition is disposed of, directing the writ petitioners to submit a fresh representation, enclosing all the documents to the respondents, within a period of two (2) weeks from the date of receipt of a copy of this order and on such receipt of representation from the writ petitioners, the first respondent is directed to consider the same and pass orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar 2/3

To 1.The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai-6.

2.The District Elementary Educational Officer, O/o. The District Elementary Educational Office, Pudukkottai.

3.The Assistant Elementary Educational Officer, O/o. The Additional Assistant Elementary Educational Office, Viralimalai, Pudukkottai District.

4.The Additional Assistant Elementary Educational Officer, O/o. The Additional Assistant Elementary Educational Office, Viralimalai, Pudukkottai District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-85747[F] dated 06/09/2019 ) +1 CC to M/s.SPL GP ( SR-85649[F] dated 06/09/2019 ) W.P.(MD)No.11034 of 2017 05.09.2019 MYR MS/23.09.2019/3P.7C 3/3