V.Ramakrishnan v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Ramakrishnan ... Petitioner Vs.
1. The Chief Educational Officer, Tallakulam, Madurai District - 625 002.
2. The District Educational Officer, Melur, Madurai District - 625 106.
3. The Secretary, Sri Gopalakrishna Higher Secondary School, Sirudur, Madurai - 625 014.
4. The Secretary, Jothi Higher Secondary School, Narimedu, Madurai - 625 002.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to revise and disburse forthwith the salary of the petitioner in the post of Drawing Master with effect from 01.01.2016 in accordance with the 7th Pay Commission as implemented under G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 and the annual increments, Pongal Bonus and Dearness Allowances from the year 2018 by considering the representations dated 26.09.2020 and 30.09.2021.
For Petitioner :
Mr.K.Ragatheesh Kumar For Respondents :
Mr.S.Shaji Bino Spl. Govt. Pleader for R1 and R2 Mr.G.Prabju Rajadurai for R3 No appearance for R4
O R D E R
This Writ Petition has been filed for a direction to the respondents to revise and disburse forthwith the salary of the petitioner in the post of Drawing Master with effect from 01.01.2016 in accordance with the 7th Pay Commission as implemented under G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 and the annual increments, Pongal Bonus and Dearness Allowances from the year 2018, based on the representations dated 26.09.2020 and 30.09.2021, submitted by him.
2. The case of the petitioner is that the petitioner was appointed as Drawing Master in the third respondent School on 03.01.1997 and his appointment was approved by the second respondent in the year 1998. The State Government vide G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 implemented 7th Pay Commission in respect of all the employees including the employees in aided Schools and the said benefit was not granted to the petitioner. Hence, he made representations to the respondents on 26.09.2020 and 30.09.2021 for implementing 7th Pay Commission in respect of the said Government Order. But, till date, no order was passed. Therefore, 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 concerned respondent is directed to dispose of the representations of the petitioner, dated 26.09.2020 and 30.09.2021, on merits and in accordance with law, within a specified period.
4. The learned Special 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 concerned respondent to consider the petitioner's representation, dated 26.09.2020 and 30.09.2021 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.
22.12.2022 Index : Yes / No Speaking Order : Yes / No vji
To
1. The Chief Educational Officer, Tallakulam, Madurai District - 625 002.
2. The District Educational Officer, Melur, Madurai District - 625 106.
3. The Secretary, Sri Gopalakrishna Higher Secondary School, Sirudur, Madurai - 625 014.
4. The Secretary, Jothi Higher Secondary School, Narimedu, Madurai - 625 002.
M.DHANDAPANI,J.
vji 22.12.2022