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Madras High CourtWP(MD)/28744/2023disposed of

Abraham .J v. The State Of Tamil Nadu

2023-12-06Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28744 of 2023 J.Abraham ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Department for Welfare of the Differently Abled Person, Fort St.George, Secretariat, Chennai - 600 009.

2. The Director of Welfare of the Differently Abled Person, Lady Wellington College Campus, No.5, Kamarajar Salai, Chennai - 600 005.

3. The District Differently Abled Welfare Officer, District Differently Abled Welfare Office, PPG8+G22, 33/11, Kokkirakulam Road, Collectorate Campus, Kokkirakulam, Tirunelveli - 627 009.

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4. The Correspondent, Florence Swanison Higher Secondary School for the Deaf, Palayamkottai - 627 002, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant incentive increment to the petitioner in the post of B.T.Assistant for possessing P.G.Degree qualification with effect from 24.07.2017 as per the proposals of the third respondent in Na.Ka.No. 5624/A/2019, dated 10.01.2020 and Na.Ka.No.9451/A/2020, dated 04.12.2020, within the time stipulated by this Court. For Petitioner : Mr.A.K.Baskarapandiyan For Respondents : Mr.V.Om Prakash Government Advocate for R1 to R3

ORDER

The present writ petition has been filed by a B.T. Assistant (History Teacher) seeking a mandamus as against the respondents 1 and 2 for granting incentive increment.

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2. According to the learned counsel appearing for the writ petitioner, the petitioner had secured higher educational qualification in May 2013, namely, M.A.(History) and therefore, he is eligible for incentive increment with effect from 24.07.2017. The petitioner has given a representation to the second respondent through the third respondent on 27.11.2019. Another representation has been sent by the petitioner on 26.11.2020 to the second respondent herein.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3.

4. Considering the above said facts, the second respondent herein is directed to consider those representations and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. 06.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Principal Secretary to Government, Department for Welfare of the Differently Abled Person, Fort St.George, Secretariat, Chennai - 600 009.

2. The Director of Welfare of the Differently Abled Person, Lady Wellington College Campus, No.5, Kamarajar Salai, Chennai - 600 005.

3. The District Differently Abled Welfare Officer, District Differently Abled Welfare Office, PPG8+G22, 33/11, Kokkirakulam Road, Collectorate Campus, Kokkirakulam, Tirunelveli - 627 009.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.28744 of 2023 06.12.2023 5/5