V.Chandran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.12596 of 2017 V.Chandran ... Petitioner Vs.
1.The State of Tamil Nadu represented by its Secretary, Department of School Education, Fort St. George, Chennai - 600 006.
2.The Director of Elementary Education, College Road, Chennai - 600 006.
3.The District Elementary Educational Officer, Sivagangai, Sivagangai District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to rectify forthwith the pay anomaly and re-fix the petitioner's pay on par with his junior namely Mr.S.Michealraj w.e.f. 01.01.2006, in the light of G.O.(Ms)No.25, Personnel and Administrative Reforms (FRIV) Department, dated 23.03.2015. For Petitioner : Mr.K.Prabhu for M/s.Isaac Chambers For Respondents : Mr.C.M.Mari Chellaiah Prabhu Additional Government Pleader
O R D E R
This writ petition has been filed for a direction to the respondents to rectify forthwith the pay anomaly and to re-fix the petitioner's pay on par with his junior namely Mr.S.Michealraj w.e.f. 01.01.2006, in the light of G.O.(Ms)No.25, Personnel and Administrative Reforms (FRIV) Department, dated 23.03.2015.
2. The case of the petitioner is that he was joined as Secondary Grade Teacher in the Panchayat Union Primary School, Sohayanthoppu, Mandabam Block, Ramnad District in the year 1984 and retired from service, by attaining the age of superannuation, 1/3
on 31.10.2014. One person viz., S.Michaelraj, who is junior to the petitioner in service, is drawing higher pay than the petitioner. Hence, the petitioner has made a representation to the second respondent, on 31.05.2017, requesting him to rectify the pay anomaly and to re-fix the petitioner's pay, on par with his junior namely Mr.S.Michealraj w.e.f. 01.01.2006, in the light of G.O.(Ms) No.25, Personnel and Administrative Reforms (FRIV) Department, dated 23.03.2015. However, till date the said representation was not considered. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 31.05.2017, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 31.05.2017 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. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Secretary, Department of School Education, Fort St. George, Chennai - 600 006.
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2.The Director of Elementary Education, College Road, Chennai - 600 006.
3.The District Elementary Educational Officer, Sivagangai, Sivagangai District.
+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-11367[F] dated 16/03/2021 ) +1 CC to SPL GP ( SR-11593, 11596[F] dated 16/03/2021 ) 15.03.2021 KM(21.06.2021) 3P 6C 3/3