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Madras High CourtWP(MD)/19276/2017disposed of

K.R.Raveendran, v. The State Of Tamil Nadu,

2021-03-16Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.R.Raveendran .. Petitioner Vs 1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, E.V.K.Sampath Building, DPI Complex, Chennai-600 006.

3.The District Educational Officer, Paramakudi, Ramnad District.

4.The Correspondent, Sourashtra Higher Secondary School, Paramakudi, Ramnad District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant Selection Grade from 3.4.2006 and to pay the arrears of salary for the period from 3.4.2006 and to grant Special Grade with effect from 3.4.2016 to till date and the other benefits.

For Petitioner : Mr.A.S.Mujibur Rahman For Respondents 1 to 3 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For Respondent No.4 : No appearance 1/3

O R D E R

This petition has been filed, seeking to direct the respondents 1 to 3 to grant Selection Grade from 3.4.2006 and to pay the arrears of salary for the period from 3.4.2006 and to grant Special Grade with effect from 3.4.2016 to till date and also the other benefits.

2. The case of the petitioner is that the petitioner was appointed as Secondary Grade Teacher with effect from 3.4.1996 and his appointment was also approved by the third respondent on 3.4.1996. The petitioner completed 20 years of service, even then, the petitioner was not granted Selection Grade and Special Grade for which the 4th respondent School submitted a proposal to the 3rd respondent for awarding Selection Grade and Special Grade to the petitioner. However, no order was passed and finally the 3rd respondent, by proceedings dated 11.9.2015 informed the 4th respondent that the Child Psychology certificate was not annexed along with the proposal submitted by the 4th respondent and further, insofar as the award of Selection Grade and Special Grade to the Secondary Grade Teachers, issue is pending before this Court. and orders will be passed only after the disposal of the above writ petitions. Hence, this writ petition.

3. Learned counsel for the petitioner would submit that it would be suffice, if this Court permits the petitioner to produce the Child Psychology Certificate to the 3rd respondent through 4th respondent and on such production, the 4th respondent may be directed to send a proposal to the 3rd respondent for taking further action.

4. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

5. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the petitioner and the 4th respondent to send a fresh proposal annexing the Child Psychology Certificate to the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order. On such receipt, the 3rd respondent shall consider the proposal and to pass appropriate orders thereon on merits and in accordance with law within a period of twelve(12) weeks thereafter.

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6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of School Education, E.V.K.Sampath Building, DPI Complex, Chennai-600 006.

3.The District Educational Officer, Paramakudi, Ramnad District.

4.The Correspondent, Sourashtra Higher Secondary School, Paramakudi, Ramnad District.

+1 CC to MR.MOHAMED IBRAHIM ALI, Advocate ( SR-11661[F] dated 17/03/2021 ) +1 CC to SPL GP ( SR-11978[F] dated 17/03/2021 ) W.P.(MD).No.19276 of 2017 16.03.2021 KM (17.05.2021) 3P 7C 3/3